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, the Board shall develop a seniority list as hereinafter provided. Such a 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 after taking into account the special subject, program and administrative needs of the Board. The Association and the teacher shall be permitted a period of ten 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.
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 teaching assignment.
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 Administration and Teachers' Certification Branch of the Department of Education.
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 purpose of this policy 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.
2. Where they have the same length of continuous teaching experience, the order of the 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.
In the event of a lay-off, the Board shall meet with the Executive of the Association to discuss the implications of the lay-offs and shall provide the Association with a list of teachers to be laid off.
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. The teacher, within ten teaching days of receiving notice of lay-off, shall indicate in writing of 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.
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 notice by registered mail under Article 16.05 above shall be offered the position first as it becomes available when positions become vacant 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 the laid-off teachers are offered the available positions provided that said teachers have the necessary training, academic qualifications and experience.
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 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's calendar days 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.
A teacher will retain and accrue seniority if absent from work because of:
a) Illness or accident up to the maximum days accumulated under the provisions of the collective agreement;
b) A leave of absence up to 30 calendar days;
c) Maternity, parental and compassionate care leave under the provisions of the Employment Standards Act.
A teacher shall retain but not accrue seniority if the teacher is:
a) On leave of absence in excess of 30 calendar days;
b) Laid off for a period of time less than that set out in Article 15.10 (c) hereof;
c) Absent because of illness or accident for more than the maximum number of days accumulated under the provisions of the collective agreement;
d) Sabbatical leave;
e) Absent because the Division has granted more maternity and/or parental leave than required by the Employment Standards Code.
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 fails to return to work after the termination of any leave granted by the Board;
c) The teacher is not re-employed within one calendar year after September 30 following the date of lay-off;
d) The teacher's contract is terminated for cause;
e) 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;
f) The teacher is employed by another School Board on a regular basis and on a Form 2 contract.
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.
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.
Notwithstanding any other provisions of this article, the lay-off provisions 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.
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 3 years prior thereto.