Where natural attrition, transfers, and sabbatical leaves have not resulted in the necessary reduction in staff and the Board determines that a reduction in staff is necessary, the Board shall identify those teachers to be laid off according to the procedures set out below, after taking into account, the special subject and program needs of the Division.
For the purpose of identifying the teachers to be laid off, first consideration will be given to seniority provided that the teacher has the qualifications, training and/or experience to perform the work in the available position.
The Board shall, annually, provide the Association with a seniority list. Seniority shall be determined on the basis of the following criteria:
A. The length of continuous teaching experience in the Division.
B. Where teachers have the same length of continuous teaching experience with the Division, the order of seniority list shall be determined on the basis of total recognized teaching experience in Manitoba.
C. Where teachers have the same seniority as defined in (a) and (b), the order of seniority shall be determined on the basis of total recognized teaching experience.
D. If the length of teaching experience, as defined in (a), (b), and (c) is equal, the teacher to be declared surplus shall be determined by the Board.
E. For the purpose of this Article, any approved leave of absence of one (1) school year or less in duration will 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.
F. For the purpose of this Article, any approved leave of absence in excess of one (1) school year shall not be deemed to interrupt the continuity of service, but the duration of such leave shall not be considered as teaching experience for seniority or salary purposes.
G. Each teacher shall be permitted a period of five (5) working days after receipt of the seniority list to protest in writing any alleged omission or incorrect listing to the Secretary-Treasurer of the Division. In the event a teacher does not file a written protest with the Board within the time stipulated, the list shall be deemed correct.
A teacher shall lose seniority for any of the following reasons:
A. The teacher resigns.
B. The teacher has been laid off by this School Board and becomes employed full time under a Teacher-General Contract in another School Division
C. The teacher fails to return to work after termination of any leave granted by the Board.
D. The teacher is not re-employed within twelve (12) months following the date of lay-off.
E. The teacher's contract is terminated for cause.
F. The teacher fails to comply with paragraph 20.09.
Notice of layoffs shall be given to the teachers not later than May 31 st for layoff effective at the end of the spring term and no later than November 30 th for layoff effective at the end of the fall term.
Teachers who have been laid off shall be recalled in the reverse order of seniority as positions become available, provided that the teacher so affected has the qualifications, training and/or experience for the available position.
Teachers who have been laid off shall have the right to recall for a period of twelve (12) months after June 30 th or December 31 st , following the date of the layoff.
Teachers shall keep the Board informed as to their current address.
Teachers shall be recalled by registered mail and must reply by registered mail within fourteen (14) days of receiving the letter of recall. Failure to contact the Board shall result in the loss of all recall rights. If a teacher refuses the position for which that teacher is qualified, such teacher shall lose all rights to recall.
Where a teacher is recalled, such teacher shall not suffer loss of:
A. Accumulated sick leave, and
B. Seniority gained, prior to being laid off.
Layoff shall not affect the teacher's rights, upon being recalled, to re-enter any benefit plans in effect according to the collective agreement.
Notwithstanding any other provision of this agreement, the provisions of one (1) through eleven (11) shall not apply to teachers where an agreement (General) between the teacher and the Board has not been in effect for more than two (2) years with the Interlake School Division, or to teachers employed for less than one (1) year, on the express written understanding that the teacher will not, after the completion of such time, be employed by the Board.
All new staff hired, shall receive a copy of the layoff clause upon receiving a contract (General).
For the purpose of this clause, the following definitions shall apply:
A. Training: Instruction received as preparation for the profession of teaching, which leads to development of a particular skill or proficiency with respect to a particular subject or subjects.
B. Qualifications: Refers to the classification in which a teacher is placed by the Professional Certification Unit of Manitoba Education and Training.
C. Experience: The practical application of training over a period of time with respect to the particular subject or subjects.
D. Reverse Order of Seniority: i.e. Teachers with greatest seniority will be recalled first.
E. Position: Course assignment, grade level.
F. Benefit Plans: i.e. Group Insurance, Dental Plan, Pension Plan, etc.