(a) 1. The Board shall provide the Association with a seniority list containing the names of all tenured teachers employed by the Division and the Board shall post the seniority list in each school in the Division prior to February 1st of each year. Teachers shall have until February 28th to dispute in writing any alleged omission or incorrect listing to the Board. The seniority list as provided or amended must be certified prior to March 7th in each year by both the Association and the Board in writing to be correct.
2. When it is determined by the Board that a lay-off is necessary and where natural attrition, transfers, sabbaticals and leaves of absence do not affect the necessary reduction in staff then lay-offs shall take place in the manner hereinafter set forth.
(b) Notwithstanding 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 training assignment.
(c) Seniority for the purposes of this Agreement is defined to mean the length of continuous teaching experience beginning with the first day of teaching thereafter with the Division.
(d) Where the teachers have the same length of continuous teaching experience, the order of the seniority list shall be determined on the basis of the total length of employment with the Division.
(e) Where teachers have the same seniority as defined in (c) and (d), the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.
(f) Where teachers have the same seniority as defined in (c), (d) and (e), the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.
(g) If the length of teaching experience as defined in (c), (d), and (e) and (f) is equal, the teacher to be declared surplus shall be determined by the Board.
(h) A teacher will retain and accrue seniority if absent from work because of:
1. illness or accident up to the maximum days accumulated under the provisions of the Collective Agreement;
2. a leave of absence up to thirty (30) calendar days;
3. sabbatical leave;
4. maternity leave under the provisions of the Employment Standards Code.
(i) A teacher shall retain but not accrue seniority if the teacher is:
1. on leave of absence in excess of thirty (30) calendar days;
2. laid-off for a period of time less than that set out in article (j) (iv) hereof;
3. will be absent because of illness or accident for more than the maximum number of days accumulated under the provisions of the Collective Agreement;
4. absent because the Division has granted more maternity leave than required by the Employment Standards Code.
(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:
1. the teacher resigns;
2. the teacher is employed by another school division as a full time teacher on a form 2, or equivalent full time contract, approved by the Minister; except those teachers who are employed full time on such a contract for a limited term not to exceed one year;
3. the teacher fails to return to work after the termination of any leave granted by the Board;
4. the teacher is not re-employed within one (1) calendar year after September 30th following the date of lay-off;
5. the teacher's contract is terminated for cause;
6. any teacher on the re-employment list who refuses to accept a position for which the teacher has the necessary training, academic qualifications, and ability to perform the work in the positions offered shall forfeit all right of seniority and re-employment subject to the exception contained in (j) (ii) hereof. In circumstances as outlined in (j) (ii), any teacher who refuses to accept employment shall forfeit all claims to the position offered.
(k) Definitions
1. 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.
2. Academic Qualification : Refer to the classification in which the teacher is placed by the Professional Certification Branch of Manitoba Education.
3. Experience : The practical application of the training over a period of time with respect to the particular subject or subjects.
(l) In the event of a 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.
(m) 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 the school year. The teacher, within ten (10) calendar days of receiving notice of lay-off, shall indicate, in writing, his/her wish to be placed on the re-employment list. Notwithstanding anything else in this Collective Agreement, failure to respond within the time limit specified in this clause shall relieve the onus on the Division for that teacher's placement on the re-employment list.
(n) 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 and have given written notice that they wish to be recalled shall be offered the position first, when positions become available and provided such teachers have the necessary training, academic qualifications and experience for the positions available. Seniority 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.
(o) 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 Collective Agreement, within six (6) working days of the registered letter being sent, his/her intent to return to work shall be required to return to work on the date set out in the notice which date shall not be less than fourteen (14) calendar days following such notification, unless by mutual agreement.
(p) A teacher's accumulated sick leave credit shall not be affected if the teacher is recalled as provided in (n) above.
(q) 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 office.
(r) Notwithstanding any other provision of this article, the foregoing lay-off provisions shall not apply to teachers continuously employed under one contract with the Division for only one (1) year or to teachers employed for a specific term where during that term the teachers employed on the express written understanding that such teacher will not after the completion of such term be employed by the Division.