a. In the event of a lay-off three (3) Division representatives shall meet with three (3) Executive representatives of the Association to discuss the implications of the lay-off and shall provide the Association with a list of teachers to be laid off.
b. For the purpose of identifying the teachers to be laid off first consideration will be given to the seniority provided that the teacher has the qualifications, training and experience for a specific teaching assignment, and further provided that the special subject, program, and administrative needs of the Division have been taken into account.
c. The Division shall provide the Association with a seniority list and shall post the seniority list in each school in the Division prior to February 1 of each year. Teachers shall have until February 28, to protest in writing any alleged omission or incorrect listing to the Board. The seniority list as provided or amended must be certified prior to March 7, by both parties in writing to be correct.
a) Training
Instructions received as preparation for the profession of teaching which lead to the development of a particular skill or proficiency with respect to a particular subject or subjects;
b) Qualifications
Refers to the classification in which the teacher is placed by the Manitoba Education Administration and Teacher Certification Branch.
c) Experience
The practical application of the training over a period of time with respect to the particular subject or subjects.
d) Seniority
(i) The length of continuous teaching experience with the Division beginning with the first day of teaching within the Division;
(ii) Where the teachers have the same length of a continuous teaching experience as defined in d (i), the order of the seniority list shall be determined on the basis of the total length of employment with the Division;
(iii) Where teachers have the same seniority as defined in (i) and (ii), the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba;
(iv) Where teachers have the same seniority as defined in (i), (ii) and (iii), the order of seniority shall be determined on the basis of total recognized teaching experience;
(v) If the length of teaching experience as defined in (i), (ii), (iii) and (iv), is equal the teacher to be declared surplus shall be determined by the Division.
(vi) For the purpose of this Article, an approved leave of absence of one school year or less in duration shall not be deemed to interrupt the continuity of service and the duration of such leave shall be considered as teaching experience for seniority purposes, but not for salary purposes;
(vii) For the purpose of this Article, any approved leave of absence in excess of one year shall not be deemed to interrupt the continuity of service, but the duration of such leave shall not be considered as teaching experience for seniority or salary purposes;
(viii) A teacher who has been laid off shall lose recall rights for any of the following reasons:
1. the teacher resigns;
2. the teacher becomes employed by another school board as a regular full time teacher on a teacher general agreement;
3. the teacher is not re-employed within one calendar year after September 30th following the date of lay-off;
a) In the event of lay-off the Board shall meet with the Executive of the Association to discuss the implications of the lay-off and shall provide the Association with a list of teachers to be laid off.
b) Notice of any lay-off shall be given to the teachers no later than the fifteenth day of April of any school year.
c) The teacher, within ten (10) days of receiving notice of lay-off, shall indicate, in writing by registered mail, his/her wish to be placed on the re-employment list. Notwithstanding anything else in this article, failure to respond within the time limit specified in this paragraph shall relieve the onus on the Division for that teacher's placement on the re-employment list and the teacher shall lose seniority.
d) If, after lay-offs have occurred, and for a period of one (1) calendar year after the 30th day of September following the date of lay-off, positions become available, teachers who have been laid off and have given written notice that they wish to be recalled shall be offered the positions first, providing such teachers have the necessary training, qualifications and experience for the position available. Seniority with the Division will be used to determine the order in which laid off teachers are offered the available positions provided that the said teachers have the necessary training, qualifications and experience.
e) It shall be the responsibility of the teacher to report an address to which a recall notice can be delivered. Recall notices will be delivered by registered mail to the last reported address given by the teacher and a teacher who is recalled from lay-off shall be required to indicate notwithstanding any other time limits in this policy, within five (5) working days of the registered letter being received, his/her intent to return to work and shall be required to return to work on the date set out in the notice which date shall not be less than nineteen (19) calendar days following receipt of such notification, unless by written mutual agreement. Failure to respond within the time limits specified or agreed to shall relieve the onus on the Division for that teacher's placement on the re-employment list and s/he shall lose seniority.
f) If a teacher is recalled as provided in 7.03 (d) above, the following will not be affected:
1. Accumulated sick leave;
2. Seniority gained prior to being laid off but seniority shall not be accrued for the period of the time of lay-off;
If the Division terminates the contract of a teacher because that teacher is surplus, the Division shall, at the request of the teacher, provide him/her with a letter to this effect.
Notwithstanding any other provisions in this article, the foregoing lay-off procedure shall not apply to teachers who have not taught continuously in the Division for more than one school year, or to teachers employed on a fixed term contract where during that term the teacher is employed on the express written understanding that such teacher will not, after the completion of such term, be employed by the Division.