i. 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 effect the necessary reduction in staff, the Board shall develop a seniority list as hereinafter provided. Such a list shall contain the names of those teachers having the least seniority identified in sufficient numbers to enable the Board to lay-off the required number of teachers.
ii. 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, experience and ability for a specific teaching assignment.
iii. The Board shall provide the Association with a seniority list and shall post the seniority list in each school in the Division prior to February 1st of each year. Teachers shall have until February 28th to protest, in writing, any alleged omission or incorrect listing to the Board. The seniority list as provided or amended must be certified prior to March 7th by both parties in writing to be correct. Any protest shall be limited to changes that have occurred since the last certified listing.
iv. Definitions:
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 Teachers' Certification and Records Branch of the Department of Education and Training.
C. Experience: the practical application of the training over a period of time with respect to the particular subject or subjects.
D. Ability: refers to a teacher's ability to perform a particular teaching assignment satisfactorily and proficiently after having acquired the necessary training, academic qualifications and experience.
E. 1. Seniority for the purposes of this article 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, which shall be calculated from the first day the teacher was to begin actual teaching.
2. Where the teachers have the same length of continuous equivalent teaching experience, the order of the seniority list shall be determined on the basis of total length of Form 2 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 recognized teaching experience.
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.
6. 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 thirty (30) calendar days;
(c) maternity and/or parental leave under the provisions of the Employment Standards Act;
(d) a Special Leave of Absence under Article 13 of the collective agreement.
7. A teacher shall retain but not accrue seniority if the teacher is:
(a) on leave of absence in excess of thirty (30) calendar days;
(b) laid-off for a period of time less than that set out in VII 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) absent because the Division has granted more maternity and/or parental leave than required by the Employment Standards Act.
8. Without limiting the generality of the foregoing, a teacher shall lose seniority and rights to further consideration for employment for any of the following reasons:
(a) the teacher resigns;
(b) the teacher is employed by another school board on a regular basis and on a Form 2 contract;
(c) the teacher fails to return to work after the termination of any leave granted by the Board;
(d) the teacher is not re-employed within one (1) calendar year after September 30th following the date of lay-off;
(e) the teacher's contract is terminated for cause;
(f) any teacher on the re-employment list who refuses to accept a position for which the teacher has the necessary training, academic qualifications, experience and ability to perform the work in the position offered shall forfeit all right to seniority and re-employment.
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.
v. In the event of a lay-off, the Board 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.
vi. Notice of lay-off shall be given to the teacher by registered letter no later than the fifteenth (15 th ) day of May of any school year. The teacher, within twenty (20) teaching days of receiving notice of lay-off, shall indicate, in writing by registered mail, 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 shall relieve the onus on the Division for that teacher's placement on the re-employment list and the teacher shall lose seniority.
vii.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, positions become available, teachers who have been laid-off and have given written notice that they wish to be recalled shall be offered positions, providing such teachers have the necessary training, qualifications, ability and experience for the position(s) available. Seniority with the Board 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, qualifications and experience.
viii.If a teacher is recalled as provided in (vii) above, the following will not be affected:
i. accumulated sick leave;
ii. seniority gained prior to being laid off but seniority shall not be accrued for the period of time of the lay-off.
ix. 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.
x. Notwithstanding any other provisions in this article, the foregoing lay-off procedure shall not apply to teachers who have not completed more than one (1) full school year of employment under contract with the Division or to teachers employed on a fixed term contract (Form 2A) where during that term the teacher is employed on the understanding that such teacher will not, after the completion of such term, be employed by the Division.
xi. The Board may, at its discretion, exempt a principal or vice-principal from the provisions of this article in the case where the principal or vice-principal would be subject to lay-off in accordance with the provisions of the article.