teachers’ legal issues

1

TEACHERS’ LEGAL ISSUES

A FINAL FEW WORDS!

3

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.)

4

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

5

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

6

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

7

PUBLIC LEGISLATION - Art. 12

• ANY ACT (EDUCATION ACT) OF THE PROVINCE HAS PRECEDENCE OVER THE AGREEMENT

• THE AGREEMENT HAS PRECEDENCE OVER CONFLICTING REGULATIONS

8

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

9

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

10

LAYOFF AND RECALL - Art.48

• TEACHER WITH LEAST SENIORITY LAID OFF BEFORE OTHERS AS LONG AS REMAINING TEACHERS CAN SATISFACTORILY FULFILL THE REQUIREMENTS

11

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.

12

DISCIPLINE - 55

• NO TEACHER SHALL BE DISCIPLINED, SUSPENDED, DISMISSED OR ASSESSED A FINANCIAL PENALTY

EXCEPT FOR JUST CAUSE

13

GRIEVANCE - 57

• A GRIEVANCE IS A DISPUTE OR DIFFERENCE OF OPINION CONCERNING:

- INTERPRETATION OR VIOLATION OF THE AGREEMENT

- DISMISSAL, SUSPENSION OR FINANCIAL PENALTY

14

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

15

IF YOU FIND YOURSELF IN TROUBLE

16

HELP IS AVAILABLE !

17

YOU ARE NOT ALONE NBTA/NBTF

AEFNB(2300)PROFESSIONALASSOCIATION

(FRENCH)

NBTF- UNIONALL TEACHERS

MUST BEMEMBERS

NBTA(5300)PROFESSIONALASSOCIATION

(ENGLISH)

7600TEACHERS

18

WHO YA GONNA CALL?

- SCHOOL REP/GRIEVANCE

- BRANCH PRESIDENT OR DIRECTOR

- NBTA/NBTF STAFF

(452-8921)

19

ANYTHING OTHER THAN THE AGREEMENT CALL

452-8921

20

ALL CONTACT WITH STUDENTS BASED UPON

TRUST RELATIONSHIP

21

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.

22

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

23

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

24

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

25

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

26

CODE OF PROFESSIONAL CONDUCT

• BASED IN LEGISLATION

• TEACHERS PREPARED TO JUDGE AND BE JUDGED BY PEERS

27

DEMANDING PROFESSION

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

28

BUT EXTREMELY REWARDING

29

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

30

HAVE A GREAT CAREER - AND PAUSE TO ENJOY IT

REGULARLY