Procedures for identifying teachers as surplus to staffing requirements:
(a) Where the Board has determined that a reduction in staff is necessary, it shall identify those teachers to be laid off in accordance with the procedures set out below after determining the subject, program and administrative needs of the Board.
(b) When the Board has determined that a reduction in staff is necessary, the Kelsey Teachers' Association shall be made aware of this necessity and the reasons for such a reduction will be communicated to the Association.
(c) If the Board lays off 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.
(d) For the purpose of identifying the teachers to be laid off, first consideration for lay off will be given to the least senior teacher, provided that the remaining teachers have the necessary qualifications, education, and experience to perform the work in the remaining positions.
(e) The Board shall, as soon as possible after the commencement of the spring and fall terms, prepare a seniority list, post a copy of same in the Board office and provide a copy to the Association. 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 employment with the Division, the order on the seniority list shall be determined on the basis of total recognized teaching experience in Manitoba.
(iii) If the length of teaching experience, as defined in (i) and (ii) is equal, the order of appearance on the seniority list shall be determined by the Board.
(iv) For the purpose of this article, an approved leave of absence less than one (1) school year shall not be deemed to interrupt the continuity of service, but the duration of such leave shall be considered as teaching experience for seniority purposes, but not for salary purposes.
(v) 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.
(f) Each teacher shall be permitted a period of ten (10) working days after the posting of the seniority list to protest in writing to the Superintendent any alleged omission or incorrect listing, but such protest shall be confined to errors or changes occurring subsequent to the posting of any previous seniority list. In the event that a teacher does not file a written protest with the Superintendent within the time stipulated, his or her placement on the seniority list shall be deemed correct.
(g) A teacher shall lose seniority for any of the following reasons:
(i) the teacher resigns;
(ii) the teacher becomes employed with any school jurisdiction, as a regular full-time teacher under a statutory form contract of employment;
(iii) the teacher fails to return to work after the termination of any leave granted him/her by the Board;
(iv) the teacher is not re-employed within one calendar year after September 30th following the date of lay-off;
(v) the teacher's contract is terminated for cause;
(vi) the teacher fails to comply with paragraph "l" of this policy.
h) Notice of lay off and a copy of this clause shall be given to the teacher by certified 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 re-employment list. Notwithstanding anything else in this collective agreement, failure to respond within the time limit specified in this clause shall relieve onus on the Division for that teacher's placement on the re-employment list.
(i) Teachers who have been laid off in accordance with this article shall be placed on the re-employment list and teacher(s) with the most seniority shall be offered the position first, providing such teacher(s) has/have the necessary qualifications, education, and experience for the available position(s).
(j) Teachers on the re-employment list shall have the right of recall for a period of one calendar year after September 1st following the date of lay-off.
(k) It shall be the responsibility of the teacher at all times to keep the Board informed of his/her current address.
(l) 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 certified 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 five (5) working days of the certified letter being received, 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. If a teacher refuses a position for which that teacher has the necessary qualifications, education, and experience, such teacher shall lose all rights to recall.
(m) Where a teacher is recalled in accordance with paragraph "i", such teacher shall not suffer loss of:
(i) accumulated sick leave;
(ii) seniority gained prior to being laid off.
(n) The lay off and recall procedures set out in this article shall have no application to teachers who have not completed more than one year of continuous paid service with the Division nor to teachers employed for a period of less than one school year on the express written understanding that the teacher will not, after completion of such time, be employed by the Board.
(o) The Board shall not retain teachers within the categories described in "n" above where teachers subject to this article are laid off, except where consideration of qualifications, education and experience necessitates such action in order to fulfill the positions as determined by the Board in clause (a).
Instruction obtained as preparation for, or continuing education within the profession of teaching which leads to development of a particular skill or proficiency with respect to a particular course(s) or subject(s).
The classification in which a teacher is placed by the Teacher Certification and Records Branch of the Department of Education and Training.
The practical application of training over a period of time with respect to a particular course(s) or subject(s).