The following procedure re: Surplus Teachers shall be applied to any teacher declared surplus:
(a) Those teachers having least seniority in the Division as listed in 13.0 (b) shall be identified in sufficient numbers to enable the Board no later than November 30th (for layoff at the end of the 1st semester or 1st term) and May 1st (for layoff at the end of the school year) to identify the surplus teachers after taking into account the special subject and program needs of the Board.
(b) For the purpose of identification of teachers having the least Seniority on the basis of the criteria set up in 13.0 (c) and (d), the names of all teachers whose contract commenced on or after September 1, 1974 shall be placed on a list in the reverse order of seniority with those having the least seniority first. (If necessary, the list may be extended to include the names of teachers whose contracts commenced prior to September 1, 1974).
(c) Seniority shall be determined on the basis of the following criteria:
(i) The length of continuous teaching experience with the Division.
(ii) Where teachers have the same length of continuous experience with the Division, the order on the surplus teacher list shall be determined on the basis of total teaching experience with the Division.
(iii) Where teachers have the same length of total teaching experience with the Division, the order on the surplus teacher list 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 Board.
(vi) For the purpose of this Article any approved leave of absence of one (1) school year or less 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) An approved leave of absence in excess of one (1) school year, taken prior to December 31, 1979, shall be deemed not to interrupt the continuity of service and shall be considered as teaching experience for seniority purposes but not for salary purposes.
(viii) For the purpose of this Article, any approved leave of absence in excess of one (1) school year, taken after December 31, 1979 shall be deemed not to interrupt the continuity of service, but the duration of such leave shall not be considered teaching experience for seniority or salary purposes.
(ix) For teaching experience, as defined in i) to viii) part-time teaching experience shall be pro-rated.
(d) A teacher, surplus to one subject area, shall be offered the opportunity to move to another subject area provided the position is available and the teacher has the qualifications and ability to perform the work in that position. Failing this, the teacher shall be placed on the Surplus Teacher List.
(e) As soon as possible, the Board will notify in writing those teachers who have been identified as surplus and at the same time the Local Association shall be provided with a copy of the Surplus Teacher List. Each teacher shall be permitted a period of five (5) working days after receipt of such Surplus Teacher List to protest in writing any alleged omission or incorrect listing to the Chief Superintendent, but such protest shall be confined to errors or changes occurring subsequent to the posting of the previous Surplus Teacher List. In the event the teacher does not file a written protest with the Board within the time stipulated, the list shall be deemed correct.
(f) Loss of Seniority. A teacher shall lose seniority for any of the following reasons:
(i) the teacher resigns;
(ii) the teacher becomes employed by another School Board;
(iii) the teacher fails to return to work after the termination of any leave granted by the Board;
(iv) the teacher is not re-employed within one (1) calendar year after September 30th following the date of layoff;
(v) the teacher's contract is terminated for cause;
(vi) the teacher fails to comply with Clause (h) of the Article.
(g) Surplus teachers whose contracts have been terminated will be placed on a re-employment list. Teachers placed on the re-employment list shall be re-hired in the reverse order of their seniority, if the teacher so affected has the qualifications and ability to perform the work.
(h) (i) Any teacher on the re-employment list who refuses to accept a position for which the teacher has the qualifications and the ability to perform the work under 13.0 (g) forfeits all rights of seniority and re-employment.
(ii) Notice of recall to a teacher who has been placed on the re-employment list shall be made by registered mail to the last known address of the teacher filed by the teacher. If the teacher fails to reply within seven (7) calendar days of such recall notice, then the teacher shall be withdrawn from the re-employment list and the Board shall recall the teacher next in line according to Clause (g) of this Article.
(iii) No new teachers may be hired by the Board to fill vacant positions while there are teachers on the re-employment list having the ability and qualifications required for those positions.
(i) If the Board terminates the contract of a teacher because that teacher is surplus, the Board shall, at the request of the teacher, provide the teacher with a letter to this effect.
(j) Notwithstanding any other provision of this agreement, the provisions of a) through i) shall not apply to a full-time teacher where an Agreement (Teacher-General Contract), between the full-time teacher and the Board has not been in effect for more than one (1) year with the St. James-Assiniboia School Division, or to a part-time teacher (as defined in Article 7.03) where an Agreement (Form 2 or Teacher-General Contract), between the part-time teacher and the Board has not been in effect for more than three (3) years with the St. James-Assiniboia School Division, or to a teacher employed for less than one (1) school year, on the express written understanding that the teacher will not after the completion of such time, be employed by the Board.