Where it is determined by the Division that a lay-off is necessary and where natural attrition, transfers, sabbaticals and leaves of absence do not affect the necessary reduction in staff, the Division shall give first consideration to retaining teachers having the greatest length of service with the Division.
Notwithstanding the foregoing, the Division shall have the right to disregard the length of service of any teacher in the event of a lay-off, if such teacher does not have the necessary training, academic qualifications or experience for a specific teaching assignment.
a) Training: Instruction received as preparation for the profession of teaching, which instruction leads to the development of a particular skill or proficiency with respect to a particular subject or subjects.
b) Academic Qualifications: Refers to the classification in which a teacher is placed by the Professional Certification Unit of Manitoba Education.
c) Experience: The practical application of the training over a period of time with respect to the particular subject or subjects.
d) Continuous Employment: The teacher's length of employment with the Division from the date of hire under one or more successive Limited Term Teacher - General or Teacher - General contracts as long as there is no break in actual teaching service between contracts. For purposes of seniority list placement of teachers employed as of the first year of operation of the Division, employment with the Division shall be deemed to include employment with a provider school board as defined in Sections 21.44 and 21.45 of the Public Schools Amendment (Francophone Schools Governance Act). This recognition of employment with the provider school board for purpose of seniority shall continue for the duration of the teacher's employment with the Division. Approved leaves of absence up to a maximum of two years of consecutive leave at any one time shall not constitute a break in continuity of service. Approved leaves of absence longer than two consecutive years shall result in that individual retaining but not accruing credit for service. Leaves for compassionate reasons as may be mutually agreed upon by the Association and the Superintendent, parenting leaves, sick leaves and secondments shall not constitute a break in continuity of service regardless of their duration.
a) The Division shall maintain a seniority list showing the date upon which each employee's service commenced. Such list shall be posted in each school by January 1st of each school year and a copy shall be sent to the Association. The Association and/or the teacher shall be permitted to protest any alleged omission or incorrect listing until January 31st of that year. In the event of an omission or incorrect listing being brought to the Division's attention after January 3lst, the teacher shall have the right to correct the listing at the next scheduled posting of the list.
b) In the event of an impending lay-off, the Division 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. The meeting shall be held no later than the 1st day of November or the 1st day of May, as the case may be, or at such other date as the parties may otherwise mutually agree upon.
Length of teaching service shall be determined on the basis of the following:
a) The teacher's length of continuous employment with the Division as defined in Article 32.03 d).
b) Where teachers have the same length of continuous employment with the Division, the length of teaching service shall be determined on the basis of total teaching employment in the Division.
c) Where teachers have the same length of service as in b) the length of teaching experience shall be determined on the basis of total teaching employment as verified by the Professional Certification Unit of Manitoba Education.
d) Where teachers have the same length of service as in c), the length of teaching service shall be determined on the basis of total teaching employment recognized by the Professional Certification Unit of Manitoba Education.
e) If the length of teaching service, as in d) is equal, the order of the teachers' listing on the seniority list shall be determined by lot.
Notice of any lay-off to become effective at December 31 or at June 30, as the case may be, shall be given to teachers no later than five teaching days following the meeting referred to in 32.04 b). Lay-offs may occur only at December 3l or at June 30 of any school year. Any teacher given notice of lay-off shall be placed on the recall list.
If, after lay-offs have occurred and for a period of one (1) calendar year after the 30th of September following the date of lay-off, positions become available, teachers who have been laid off shall be offered the positions first, providing such teachers have the necessary training, qualifications or experience for the position available. Length of service with the Division shall be used to determine the order in which laid-off teachers are offered the available positions.
Teachers shall keep the Division informed as to their current address.
Teachers shall be recalled by registered letter and must reply by registered letter to the Division within seven (7) days of receiving the letter of recall. Failure to contact the Division shall result in the loss of all recall rights.
If a teacher is recalled as provided in 32.09, the following shall not be affected:
(a) Accumulated sick leave gained prior to being laid off, but sick leave shall not be accrued for the period of the lay-off.
(b) Seniority.
A teacher shall lose seniority or right to recall for any of the following reasons:
a) The teacher resigns.
b) The teacher becomes employed by another school board except in the case of employment under a temporary contract.
c) The teacher fails to return to work after the termination of any leave granted by the Division.
d) The teacher is not recalled within one (1) calendar year after September 30th following the date of lay-off.
e) The teacher's contract is terminated for cause.
f) Any teacher on the recall list who refuses to accept a position for which the teacher has the necessary training, academic qualifications or experience to perform the work in the offered position shall forfeit all rights of seniority and recall.
A teacher who has lost his/her right of recall as a result of the application of this clause shall be notified as soon as possible that his/her teaching contract has been terminated.
Notwithstanding any other provision of this Agreement, the foregoing lay-off provisions shall not apply to a teacher employed under a Limited Term Teacher - General contract. However, no teacher shall be laid-off who has been employed by the Division under a Teacher - General contract if there is a teacher employed under a Limited Term Teacher - General contract in a position for which the teacher with a Teacher - General contract has the necessary training, academic qualifications or experience.