COLLECTIVE AGREEMENT 1996 – 1998

NEGOTIATED BETWEEN  THE CHIEF PERSONNEL OFFICER

AND THE TRINIDAD AND TOBAGO UNIFIED TEACHERS’ ASSOCIATION (TTUTA)

 

The parties agree, following consultation and negotiation, that the undermentioned terms and conditions of employment shall apply with effect from the dates specified to members of the Teaching Service.

 

1.                   Definitions

 

For purposes of this Agreement:-

 

‘Association’ means the Trinidad and Tobago Unified Teachers’ Association.

 

‘Employer’ means the Government of Trinidad and Tobago or its authorised agent/agency.

 

‘Director’ means the Director of Personnel Administration.

 

‘Teacher’ means a person registered in accordance with the Education Act, Chapter 39:01 and except where described as a part-time teacher, in full time employment in a public school.

 

‘Teacher shall include Principal and Vice-Principal unless otherwise stated.

 

‘Tribunal’ means the Special Tribunal established by section 21(1) of the Civil Service Act, chapter 23:01.

 

‘Public School’ means any school defined as such under the Education Act, Chapter 30:01.

 

‘Public School System’ has the same meaning as set out in section 12 of the Education Act, Chapter 39:01.

 

“Permanent Secretary’ means the Permanent Secretary in the Ministry of Education and the Chief Administrator of the Tobago House of Assembly, in the case of Tobago.

 

‘Government’ means the Government of Trinidad and Tobago.

 

‘Officials of the Association’ means any National Officer, District Officer, Zonal Convenor or Staff Representative or other persons designated by the Association.

 

 

NOTE:             Terms and expressions used in this Memorandum of Agreement where not defined herein shall have the same meaning as given in the Education Act, Chapter 39:01, or other relevant law.

 

 

2          Grievance Procedure

 

With effect from January 1, 1997, the Grievance Procedure shall be as follows:

 

STEP 1:            The aggrieved teacher, with or without his Association's representative, at the option of the teacher, shall take up the grievance with the Head of the Institution (Principal) in which the aggrieved teacher is employed;

 

STEP 2:            If, within five (5) working days, there is no settlement at Step 1, the aggrieved teacher, with or without his Association's representative at his option shall take up the matter with the School Supervisor I/II for the district;

 

STEP 3:            If, within ten (10) working days, there is no settlement at Step 2, the matter shall then be reported by the Association, in writing, to the School Supervisor III for the district;

 

STEP 4:            If, within fifteen (15) working days, there is no settlement at Step 3, the matter shall then be reported by the Association in writing, to the Permanent Secretary, Ministry of Education or to the Chief Administrator, Tobago House of Assembly, as the case may be;

 

STEP 5:            If, within twenty (20) working days there is no settlement at Step 4, the matter shall then be raised with the Chief Personnel Officer, in which event, the Association shall submit a Note setting out the facts of the case;

 

STEP 6:            If there is no agreement at Step 5, the failure to reach agreement may be reported to the Minister with responsibility for Finance matters in accordance with the provisions of the Education Act, Chapter 39:01.

 

NOTE:  (i)         If, however, owing to extraordinary circumstances,

action cannot be taken within the prescribed time, an extension may be arranged, at any stage, by mutual agreement of the parties concerned.  The reason for the delay shall be stated when requests for extensions are being made.

 

(ii)                 Where any of the above steps are not applicable to a particular grievance, the procedure shall apply from the next step.

 

3.         RECOGNITION AND RIGHTS OF PARTIES

 

(i)         Management Rights

 

The Association recognizes the right of Management to

 

-                      manage its operations;

 

-                      discharge its customary functions as an employer including the right to decide its human resource requirements, acquisition and placement; and

 

-                      introduce organizational and technological change

 

with the aim of fulfilling its statutory and other obligations subject always to the provisions of this Agreement and the right of the Association to make representations and pursue issues on behalf of its members.

 

(ii)        Trade Union Rights

 

(a)        The Trinidad and Tobago Unified Teachers’ Association is the appropriate recognized association in accordance with the provisions of the Education Act, Chapter 39:01, to represent members of the Teaching Service.  The Association therefore has the right to meet with the employer and/or his representatives to discuss matters relating to the terms and conditions of service of its members.

 

(b)                 A Teacher’s employment shall not be prejudiced or adversely affected by reason only of his being a member of the Association or acting as an official or representative of the Association.

 

(c)                 In furtherance of its duties and functions as the appropriate recognized association it shall be the right of the Association to make representation on behalf of the Association and/or its members including the giving of evidence before a Disciplinary Tribunal or the Special Tribunal.

 

(d)                 Recognizing that good Industrial Relations are the joint responsibility of the Employer, the appropriate recognized association and the members of the Teaching Service, the Employer will take all reasonable steps to ensure that senior and supervisory personnel are made aware of the rights of the Association’s representatives to make effective representation and of the legal obligation to facilitate such representation.

 

(e)                 Where it appears that a teacher who is an official of the Association has committed a breach, the Permanent Secretary shall bring the matter to the attention of the Association.

 

 

4.         TRADE UNION FACILITIES

 

(i)         Access to School Premises

(a)                 Authorised representatives of the Association may enter a school during normal working hours at a date and time mutually agreed to with the Principal for the purpose of investigating any grievance or complaint affecting members of the particular school.

(b)                 In the case of visits as at (a) above, not more than three authorised representatives of the Association shall be present.  In exceptional circumstances, a Principal/School Supervisor may accommodate a larger delegation where he or she considers that there will be no disruption of the work of the school.

(c)                 Where the Association’s request to enter a school as at (a) is denied or delayed, the Association may pursue the matter using the appropriate lines of authority as set out in the Grievance Procedure.

 

(ii)        Holding of Association Meetings in Schools

 

The procedure for the holding of Association Meetings in schools shall be as follows:

 

(a)                 Members of the appropriate recognised association representative of the Teaching Service may be permitted to hold meetings of their association outside of official working hours, at schools in which they work, whether such meetings include officials of the appropriate recognised association or not; provided that:

 

—                     reasonable notice of the time and place at which such meeting is to be held is given;

 

—                     the purpose of the meeting is stated; and

 

—                     The Principal has no objection to such meetings.

 

(b)                 Where the Principal objects to any meeting being held, he shall inform the Staff Representative of his reasons and an effort shall be, made to agree upon an alternative time and place.

(c)                 Where the Staff Representative is unable to come to an agreement with the Principal for the holding of any meeting, the matter shall be referred to the appropriate School Supervisor.  The holding of meetings in assisted schools shall be subject to the approval of the Manager.

 

(iii)       Check off System

 

In pursuance of Regulation 61 of the Education (Teaching Service) Regulations, Ch. 39:01, the Ministry of Education shall make monthly deductions of union dues from the salaries of those teachers who authorize the Ministry in writing to make such deductions.  A Teacher who wishes to revoke his/her authorization for this deduction shall be entitled to do so but the revocation must be in writing and signed by him/her.

 

The Association shall indemnify and hold the Government blameless from any and all claims, actions and suits arising out of the deduction of union dues.

 

Sums deducted in this connection shall be remitted to the Trinidad and Tobago Unified Teachers' Association on a monthly basis.

 

Sums deducted in this connection shall be remitted to the Trinidad and Tobago Unified Teachers' Association on a monthly basis.

 

2.                   Communication in Schools

 

(a)                 Space designated by the Principal in an area normally accessible to members of staff only shall be made available for the placement of a bulletin board in each government school for purposes of posting materials dealing with proper and legitimate business of the Association.

(b)                 Such space may be provided in an assisted school where approval is granted by the School Board.

(c)                 Provision of the board which shall be of standard size shall be the responsibility of the Association.

(d)                 The Association shall consult the Principal prior to the placement of each notice with the exception of notices in respect of meetings of the Association or Minutes of Meetings between the Employer and the Association.

(e)                 Where space is available, a convenient location in the school shall be designated by the Principal for a mail compartment of a moderate size.

 

 

(iv)       Use of School Equipment

 

Where approval has been given under clause 3:03 or clause 3:04 © the Principal may allow the Association’s representatives the use of the school’s equipment.  The Association shall be responsible for any loss/damage to such equipment occurring during use by the Association and/or its members and guests.

 

(v)        Information

 

(a)                 The Employer shall provide the Association with copies of circulars pertaining to or impacting on the Teaching Service.

(b)                 Other appropriate documentation relevant to the Teaching Service will be provided by the Ministry of Education to the Association upon request, and vice-versa.

(c)                 Appropriate information relevant to the conduct of negotiations shall be readily made available by each party to the other.

 

 

(vi)               Leave of Absence with pay to engage in the

Business of the Association.

 

Leave of absence with pay to engage in the business of the Association as well as time off for the handling of grievances shall be governed by Memorandum of Agreement Ref. PD(cs) 3/10/2 Sub. I Temp. dated September 1, 1989 between the Chief Personnel Officer and Trinidad and Tobago Unified Teachers’ Association:

With effect from August 5, 1983 –

1          (a)        The Trinidad and Tobago Unified Teachers’ Association shall apprise the Permanent Secretary, Ministry of Education, or in the case of teachers stationed in Tobago, the Chief Administrator, Tobago House of Assembly, of its standing nominated representatives (members of the Industrial Relations Committee) who will comprise its delegation to represent the said organisation, on an on-going basis at scheduled meetings with representatives of the Ministry of Education, Tobago House of Assembly or the Personnel Department.  Such standing nominated representatives (members of the Industrial Relations Committee) shall be granted leave of absence with pay, as necessary, to attend scheduled meetings with representatives of the Personnel Department, the Ministry of Education or the Tobago House of Assembly;

(b)                 In addition, on an ad hoc basis, the Trinidad and Tobago Unified Teachers’ Association may, where it considers it necessary, co-opt a maximum of two (2) of its members, whose special knowledge/expertise the Trinidad and Tobago Unified Teachers’ Association considers is needed to facilitate the said association in its representations on a specific subject; provided that the prior permission of the Permanent Secretary, Ministry of Education, or in the case of a teacher stationed in Tobago, the Chief Administrator, Tobago House of Assembly, has been had for the individual teacher to be absent from school for the particular purpose.

 

(ii)                 On the written application of the Association:

 

(a)                 one day’s leave of absence may be granted per fortnight to one representative in each of the eight (8) educational districts in Trinidad and Tobago;

(b)                 a further day’s leave of absence may be granted per month to each member of the Central Executive of the Trinidad and Tobago Unified Teachers’ Association in order to attend Statutory meetings of the said Central Executive;

(c)                 leave of absence under (a) above shall, as far as practicable, be on a fixed day each fortnight, in order to ensure that official work in schools is carried out without interruption and without impairment.

(iii)                Principals or Vice Principals and those Special Teachers who are in charge of their respective Home Economics or Industrial Arts Centres or Nutrition Units, and teachers in schools, with a minimum establishment, (for example, St. Michael’s School for Boys, La Fillette R.C. School and Siparia Hindu School) shall not normally be considered eligible for the grant of such leave of absence as this would seriously affect the work of the particular school, and

(iv)                Subject to paragraphs (a) and (b) of Section 1 above, no teacher shall be permitted to carry out Association’s business without the prior permission of the Permanent Secretary, Ministry of Education or the Chief Administrator, Tobago House of Assembly in the case of teachers stationed in Tobago; however, where a genuine emergency necessitates a School Supervisor or Principal having to allow a teacher time-off for such purpose, the matter shall be promptly notified to the Permanent Secretary, Ministry of Education (through the office of the Administrative Officer V, Personnel and Industrial Relations) or the Chief Administrator, Tobago House of Assembly as the case may be.

 

NOTE:              The present arrangement regarding time off for grievance handling is to be monitored by the Ministry of Education taking into account the Association’s internal arrangements for handling grievances and the impact on teaching time.

 

(vii)      Leave of absence for full time duty:

 

Leave of absence without pay to engage full time in the business of the Association shall be governed by Memorandum of Agreement Ref. PD (cs) 3/10/2 Sub. I dated May 13, 1987, between the Chief Personnel officer and Trinidad and Tobago Unified Teachers’ Association.

 

The Employer shall determine the Teaching Establishment.  In the event a reduction in the permanent establishment is contemplated the Employer shall inform the Association and enter into consultation with its representatives.

 

(viii)     Grant of leave of absence with full pay to attend Training Programmes conducted by the Trinidad and Tobago Unified Teachers' Association.

 

Name of Programme	Target Group	Max. No of persons/programme	No of days per year
1.       Staff Representative Training   Port of Spain St. George East Caroni Victoria St. Patrick South Eastern North Eastern Tobago	Staff Representatives	75 75 60 75 55 45 25 30	1 day 1 day 1 day 1 day 1 day 1 day 1 day 1 day
2.       Training the Trainers	Members of the Training Committee	9	3 days
3.       District Executive       Training Port of Spain St. George East Victoria Caroni St. Patrick South Eastern North Eastern Tobago	District Executive	20 20 20 18 18 16 16 16	1 day 1 day 1 day 1 day 1 day 1 day 1 day 1 day

 

 

All written applications for leave of absence shall as far as practicable be made to the Permanent secretary, Ministry of Education or in the case of Tobago, the Chief Administrator, well in advance of the intended commencement date of the Training Programme.

 

The Permanent Secretary, Ministry of Education and the Chief Administrator have been advised accordingly.

 

5.         CODE OF CONDUCT FOR TEACHERS

 

Definition           1.         In these Regulations:

(i)                   "Agency" means the Ministry of Education or the Tobago House of Assembly, as the case may be:

 

(ii)                 "Permanent Secretary" includes the Chief Administrator, Tobago House of Assembly.

 

General             2.         A teacher's conduct shall be such at all times as not to

Conduct                        bring the Service into disrepute.

 

Duties of           3.         (1)        A teacher shall effectively and conscientiously

Teachers                                   discharge the duties of the office to which that teacher

is appointed, and any other job related duties that are lawfully required of that teacher.

(2)                 In the discharge of those duties, a teacher shall be courteous and polite to colleagues, students and the public.

(3)                 a teacher shall not willfully refuse or deliberately omit to perform those duties.

 

Absence           4.         (1)        A teacher shall not be absent from duty without leave

Without leave                             or reasonable excuse.

(2)                 A teacher when leaving the country shall inform the Permanent Secretary in advance in writing accordingly or in cases of emergency, his Principal or School Supervisor who shall report forthwith, in writing, to the Permanent Secretary.

 

Activities           5.         (1)        A teacher shall not, directly or indirectly, be involved

in any financial or other interest or undertaking which could conflict with, compromise, or reasonably be said to conflict with or compromise that teacher's job performance or office.

(2)                 Where such actual or potential conflict or compromise arises, the teacher shall inform the Permanent Secretary through the Principal or School Supervisor.

(3)                 The Permanent Secretary will determine the nature and degree of conflict or compromise, decide upon an appropriate course to resolve it and advise the teacher accordingly.

(4)                 A teacher who is aggrieved by that decision may appeal to the Chief Personnel Officer through the Permanent Secretary.

(5)                 Where the teacher is aggrieved by the decision of the Chief Personnel Officer, the matter may be pursued on his behalf by the appropriate recognized association as a grievance to be dealt with under Sections 63 to 71 of the Act.

 

Teacher (6)        (1)        A teacher shall not make any unauthorized disclosure

or make copies for private use of official documents, papers or information of which that teacher may have become aware in the course of the performance of duty.

(2)                 unauthorized disclosure does not include the reporting by a teacher of complaints to the Chief Personnel Officer, Auditor General or the Teaching Service Commission with regard to the conduct of the Teaching Service, where such complaints have been reported to senior officers without redress.

 

Teacher's          (7)        A teacher other than as a representative of an appropriate

Comment on                  recognised association, shall not respond to questions of

questions                      public policy in a manner that could reasonably be construed

of public                        as criticism and which may call into question his ability

Policy                           where applicable, to impartially implement, administer of

advise on Government policy.

 

Lectures/           (8)        (1)        Where a teacher prepares or delivers a lecture or a

Talks                                        talk in connection with his duties he shall receive no

remuneration or benefit either on his own behalf or on behalf of the Ministry for the preparation or delivery of that lecture or talk;

(2)                 lectures or talks which are not necessary for the Ministry's purposes may be prepared or give outside of working hours by teachers who are knowledgeable in a particular subject, whether or not they have specialized in this subject in their official capacity;

(3)                 where the subject matter of the lecture or talk referred to in sub regulation (2) is related to the work or the policy of the Ministry, or if that teacher's title is to be announced, the prior authority of the Permanent Secretary is required to ensure that -

(a)                 there is nothing in the lecture or talk contrary to the public interest or inconsistent with the status of the teacher; and

(b)                 the standing of the teacher is sufficient to justify the delivery of the lecture under his title.

(4)                 Where, in respect of a lecture or talk given by a teacher under subregulations (2) and (3), the work involved in the preparation and delivery of the lecture or talk is done outside of working hours, the teacher may make private arrangements for remuneration subject to the due observations of any professional rule that may be in force.

 

Indebtedness     9.         A teacher shall not incur indebtedness to the extent that it

compromises that teacher's job performance or brings the Service into disrepute.

 

Bankruptcy        10.        A teacher against whom bankruptcy proceedings have been

taken or who becomes insolvent or who has been declared bankrupt shall within seven (7) days report that fact to the Permanent Secretary.

 

Teacher             11.        A teacher shall not solicit the intervention or influence of

Not to Solicit                   members of Parliament, Ministers, members of a Commission, or prominent ----------------------------------members of the community to intervention support or advance his claim for ----------------------------------specially favourable treatment in the Service.

 Gifts,        12.        Except with the permission of the Permanent Secretary, a rewards                        teacher shall not accept any gift or reward from any member

of the public or from any organization for services rendered in the course of performing official duties.

 

Exceptions        13.        Notwithstanding regulation 12, a teacher may accept a

          present offered -

 

(a)                 by a representative of a foreign government on the occasion of an official visit to that country;

(b)                 by a community organization, on a social occasion where the gift represents the work or achievement of that organization; and

(c)                 on his marriage, retirement, transfer