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(s).
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 effect the necessary reduction in staff, the Division shall give first consideration to retaining teachers having the greatest length of employment with the Division.
Notwithstanding the foregoing, in the event of lay-off the Division shall have the right to disregard the length of employment of any teacher if such teacher does not have the necessary training, academic qualifications and experience for a specific teaching assignment.
The Division shall maintain a seniority list showing the date upon which each employee's employment commenced and the total years of employment for the purpose of determining seniority. Such list shall be posted in each school by February 1st of each school year and a copy sent to the Association. The Association and/or the teacher shall be permitted to protest any alleged omission or incorrect listing until February 15th of that year. In the event of an omission or incorrect listing being brought to the Division's attention after February 15th, the teacher shall have the right to correct the listing at the next scheduled posting of the list.
Seniority for the purposes of this agreement is defined to mean the length of continuous employment as a teacher with the Division.
Where teachers have the same length of continuous employment with the Division, seniority shall be determined on the basis of total teaching employment in the Division.
Where teachers have the same length of employment in (.05) and (.06), the seniority shall be determined on the basis of total teaching employment in Manitoba.
Where teachers have the same seniority as defined in (.05), (.06) and (.07) above, the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.
If the length of teaching experience as defined in (.05), (.06), (.07), and (.08) above is equal, the teacher to be declared surplus shall be determined by lot.
A laid off teacher shall lose seniority and the rights to further consideration for continued employment (recall) for any of the following reasons:
a) The teacher resigns;
b) The teacher is employed by another school division on a Teacher General 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 layoff;
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 and experience to perform the work in the position offered shall forfeit all right of seniority and recall subject to the exception contained in (.10)(b) hereof.
A teacher who has lost his/her right of recall as a result of the application of this clause shall be notified in writing as soon as possible that his/her teaching contract has been terminated.
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 15th day of April in any school year.
Notice of layoff and a copy of this article shall be given to the teacher no later than the first day of May of the school year. The teacher, within ten (10) calendar days of receiving notice of layoff, shall indicate, in writing, his/her wish to be placed on the recall list.
If, after layoffs have occurred and for a period of one (1) calendar year after September 30 following the date of layoff, 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, provided such teachers have the necessary training, academic qualifications and experience for the position available. Seniority 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.
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 within six (6) working days of the registered letter being received of 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 fourteen (14) calendar days following such notification unless by mutual agreement.
A teacher's accumulated sick leave credits shall not be affected if the teacher is recalled as provided in article (.13) above.
If the Board terminates the contract of a teacher because that teacher is surplus the Division shall provide the teacher with a letter to this effect.
Notwithstanding any other provisions of this article, the foregoing lay-off provisions shall not apply to teachers continuously employed under one (1) contract with the Division for less than one year, or to teachers employed for a specific term where during that term the teacher is employed on the expressly written understanding that such teacher will not after the completion of such term be employed by the Division, provided however, no teacher shall be laid off who has been employed by the Division on a Teacher General (or Form 2) contract if there is a teacher employed under a Limited Term Teacher contract in a position for which the teacher with the Teacher General (or Form 2) contract has the necessary training, academic qualifications and experience.