Secondary Teachers' Collective Agreement (STCA)
Appendix E: Resource Teachers Learning and Behaviour (RTLB)
The process outlined applies to changes of RTLB Cluster Lead School Employer board (RCLSE) within schools where the RTLB are and are to be employed by boards that are bound by this agreement.
A change to a new RCLSE employed by a board not bound by this agreement will continue to be dealt with on a case-by-case basis, but shall include grandparenting of total remuneration and coverage by this agreement while the transferred teachers remain employed as an RTLB with the new RTLB Cluster Lead School Employer board.
Where an RTLB Cluster Lead School Employer board (RCLSE) proposes to relinquish that role, the board shall inform the Ministry of Education National Office of the proposal.
The board will inform the RTLBs it employs about the proposed relinquishment, and will consult those RTLBS on the proposed relinquishment, within 14 days of informing the Ministry of the proposal.
If the board confirms the decision to relinquish its RCLSE role, the Ministry of Education will inform PPTA Te Wehengarua about the confirmed relinquishment, and the process to be used to identify a new RCLSE.
Once a replacement RCLSE has been selected by the Ministry of Education, the ceasing RCLSE will send a letter to each of its RTLBs giving notice of the disestablishment of their role (notice of termination because the board has relinquished its RCLSE role) and the new RCLSE will then send each of the RTLBs a letter of offer, offering them a RTLB position; the notice of termination and offer letter will be sent at least two months before the change of RCLSE takes effect.
If the RTLB declines a transfer to a suitable position, the employee will not be entitled to receive any payment or other benefit (including surplus staffing entitlements) on the grounds that their position has ceased to exist. If the position is not considered a suitable position and the employee declines a transfer, then the employee shall be entitled to the surplus staff entitlements set out in clause 3.9.7.
A ‘suitable position’ is a position that is:
(i) generally similar in role, duties and status; and
(ii) requires similar qualifications, training, skills and experience but may have a different title/or unit allocation; and
(iii) is in the same general locality; and
(iv) is on terms and conditions of employment that are no less favourable than those that applied to the employee immediately before the offer of employment; and
(v) is not otherwise agreed to be unsuitable.
Any position remaining unfilled after this process will be part of a normal appointment process (clause 3.2 of this Agreement refers).
Where an RTLB transfers to a new RCLSE as a result of the former RCLSE relinquishing its role, the RLTB:
(a) Will be bound by the collective agreement which covers the new RCLSE.
(b) Will transfer on to a base salary step no less than what was received while employed by the former RCLSE.
(c) Will retain the permanent salary unit allocated to the RTLB position.
(d) Will retain the special duties increment allowance.
(e) Will retain the number of permanent Leadership Payments allocated by the former RCLSE for one year from the date of commencement with the new employer whilst the RTLB continues to hold an RTLB position.
(f) Retains additional permanent unit(s) and/or allowances allocated by the former RCLSE for one year from the date of commencement with the new employer whilst the RTLB continues to hold an RTLB position with the new employer.
(g) Retains additional fixed term unit(s) and/or allowances allocated by the former RCLSE for the lesser of the term of the appointment agreed or for a maximum of one year whilst the RTLB continues to hold an RTLB position.
(h) Retains payments made under the Staffing Incentive Allowance or the High Priority Teacher Supply Allowance (HPTSA) provisions while they continue to be employed by an RCLSE which attracts such allowances.
(i) Retain continuous service for leave purposes.
RTLB who are or who become housed in host schools which attract the HPTSA or the Staffing Incentive Allowance, shall also be entitled to such allowances, provided that these allowances are not payable in respect of both the RCLSE and host school.
RTLB employed in a fixed term position will be offered employment to a suitable position with the new lead RCLSE for a fixed term corresponding with the remaining period of their original fixed term position.