A) When it is determined by the Board that a lay-off is necessary, and where natural attrition, transfers, sabbatical and leaves of absence do not effect the necessary reduction in staff, the Board shall develop a seniority list as hereinafter provided. Such list shall contain the names of those tenured teachers having the least seniority identified in sufficient numbers to enable the Board to lay off the required number of teachers. The Association and the teacher shall be permitted a period of ten (10) teaching days after posting of such list to protest in writing to the Board any alleged omission or incorrect listing, but such protest shall be confined to errors in or changes occurring since the posting of the last seniority list.
B) Not withstanding the foregoing, the Board 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 and experience for a specific teaching assignment.
C) Definitions
(a) Training: Instruction received as preparation for the profession of teaching which 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 the teacher is placed by the Professional Certification and Student Records Branch of Manitoba Education and Training.
(c) Experience: The practical application of the training over a period of time with respect to the particular subject or subjects.
(d) Length of Teaching Service:
(1) Seniority for the purposes of this Agreement is defined to mean the length of continuous teaching experience from the date of last hire with the Division on a current Form 2 Contract/Teacher – General Contract.
(2) Where the teachers have the same length of continuous full-time equivalent teaching experience, the order of seniority list shall be determined on the basis of total length of employment with the Division.
(3) Where teachers have the same seniority as defined in (1) and (2), the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.
(4) Where teachers have the same seniority as defined in (1), (2) and (3), the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.
(5) If the length of teaching experience as defined in (1), (2), (3) and (4) is equal, the teacher to be declared surplus shall be determined by the Board.
D) 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.
E) Notice of lay-off and a copy of this Article shall be given to the teacher by registered mail no later than the first day of May of any school year.
F) If, after lay-offs have occurred, and for a period of one calendar year after the 30th day of September following the date of lay-off, teachers who have been laid off shall be offered positions first when positions become vacant, and provided such teachers have the necessary training, academic qualifications and experience for the positions available. Length of teaching service with the Board 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, academic qualifications and experience.
G) 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 Agreement, within fifteen (15) teaching days of the registered letter being sent, 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 one month following 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 he/she shall lose seniority.
H) A teacher will retain and accrue seniority if absent from work because of:
(a) A leave of absence for up to one (1) year.
I) A teacher shall retain but not accrue seniority if the teacher is:
(a) On leave of absence in excess of one (1) year;
(b) Laid off for a period of time less than that set out in Article J(d) hereof.
J) Without limiting the generality of the foregoing, a teacher shall lose seniority and the rights to further consideration for employment for any of the following reasons:
(a) The teacher resigns;
(b) The teacher is employed by another school board on a regular basis and on a Form 2 contract/Teacher – General Contract;
(c) The teacher fails to return to work after the termination of any leave granted by the Board;
(d) The teacher is not re-employed 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 re-employment list who refuses to accept a position for which the teacher has the necessary training, academic qualifications and experience to perform the work in the position offered, shall forfeit all right of seniority and re-employment.
A teacher who has lost seniority as a result of the application of this Article shall be notified as soon as possible that his/her teaching contract has been terminated.
K) If the Board terminates the contract of a teacher because that teacher is surplus, the Board shall, at the request of the teacher, provide him/her with a letter to this effect.
L) If a teacher is recalled, as provided in G. above, the following shall not be affected:
(1) Accumulated sick leave gained prior to being laid off;
(2) Seniority gained prior to being laid off.
But seniority and sick leave shall not accrue for the period of the lay-off.
M) Notwithstanding any other provisions in this Article, the foregoing lay-off procedure shall not apply to teachers who are not tenured, 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, provided no “tenured” teacher shall be laid off where teachers without “tenure” or on fixed term contracts are employed.
“Tenure” means the status of a teacher, as defined in Sections 92(5) and 92(6) of the Public Schools Act, who is continuously employed by one school board for more than one full school year, or who was employed by one other school board in the Province for more than one full school year within three years prior hereto.