A. 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 affect the necessary reduction in staff, the Division shall give first consideration to retaining teachers having the greatest length of service with the Division.
B. Notwithstanding the foregoing, the Division 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.
C. In the event of impending lay-off, three (3) representatives from the Division shall meet with three (3) representatives from the Executive of the Association to discuss the implications of the lay-off. The Division shall provide the Association with a list of teachers to be laid off. The meeting shall be held no later than May 15th in any school year or at such other date as the parties may otherwise mutually agreed upon.
D. Definitions:
1. 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.
2. Academic Qualifications: Refers to the classification in which a teacher is placed by the Administration and Professional Certification section of Manitoba Education.
3. Experience: The practical application of the training over a period of time with respect to the particular subject or subjects.
4. Length of Teaching Service: The teacher's length of continuous service with the Division commences the first teaching day after the most recent day of hiring with the Division. Approved leaves of absence up to two years of consecutive leave at any one time shall not constitute a break in continuity of service. Approved leaves of absence longer than two consecutive years shall result in that individual’s retaining but not accruing credit for service. Leaves for compassionate reasons as may be mutually agreed upon by the Association and the Superintendent of Schools and leaves covered by Article 6.07 shall not constitute a break in continuity of service.
(i) The “Length of Service” list shall be provided to the teachers and Association. Any teacher and/or the Association will be permitted ten (10) teaching days to protest any alleged omission or incorrect listing.
5. Regular Contract: Means the statutory contract (as may be amended from time to time) Form 2 and/or Teacher General Contract or any other similar or subsequent form approved by the Minister of Education for the continuous employment of teachers.
6. Specific Term Contract: A contract, either verbal or written, whereby a teacher is hired to teach a specific subject or subjects for a specific term during all or any part of a school year.
7. School Year: The period of time from the commencement of a school term on or about the 1st day of September of a particular year to the end of the term in the month of June next following.
8. Ability: Refers to a teacher’s ability to perform a particular teaching assignment satisfactorily and proficiently after having acquired the necessary training, qualifications and experience.
E. The Division shall maintain a Length of Teaching Service listing showing the date upon which each employee's service commenced and the total length of teaching service. Such list shall be posted in each school by March 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 March 15th of that year. In the event of an omission or incorrect listing being brought to the Division's attention after March 15th, the teacher shall have the right to correct the list at the next scheduled posting of the list.
F. Length of teaching service shall be determined on the basis of the following:
1. The teacher's length of teaching service with the Division commencing with the first teaching day after one's most recent day of hiring with the Division.
2. Where teachers have the same length of teaching service with the Division, the length of teaching service shall be determined on the basis of total teaching experience in the Division.
3. Where teachers have the same length of teaching service as in F.2 the length of teaching service shall be determined on the basis of total recognized teaching experience in Manitoba.
4. Where teachers have the same length of teaching service as in F.3, the length of teaching service shall be determined on the basis of total recognized teaching experience.
5. If the length of teaching service, as in F.4 is equal, the teacher to be laid-off shall be determined by the Division.
G. Notice of any lay-off shall be given to the teachers no later than June 10th. The teacher shall be placed on the recall list until June 30th of the school year in which he/she was laid off. To remain on the recall list beyond such date the teacher shall indicate in writing, by Registered Mail to the Division his/her wish to remain on the recall list. Failure to provide a written indication to the Division by June 30th shall relieve the onus on the Division for that teacher’s continued placement on the recall list.
H. If, after lay-offs have occurred and for a period of one (1) calendar year after the September 30th 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 the positions first, providing such teachers have the necessary training, qualifications, experience and ability for the position available. Length of service with the Division 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, experience and ability.
I. Teachers shall keep the Division informed as to their current address.
J. Teachers shall be recalled by registered letter or letter delivered by hand and must reply by registered letter or may deliver such letter in person to the Superintendent of Schools or Designate within seven (7) days of receiving the Letter of Recall. Failure to reply shall result in the loss of all recall rights. If a teacher refuses a position for which that teacher is qualified, such teacher shall lose all rights to recall.
K. If a teacher is recalled as provided in H above, the following will not be affected:
1. Accumulated sick leave gained prior to being laid-off, but sick leave shall not be accrued for the period of time of the lay-off;
2. Seniority gained prior to being laid-off, but seniority shall not be accrued for the period of time of the lay-off.
L. A teacher shall lose seniority for any of the following reasons:
1. The teacher resigns.
2. The teacher becomes employed by another school board except in the case of employment under a Limited Term Teacher-General contract.
3. The teacher fails to return to work after the termination of any leave granted by the Division.
4. The teacher is not re-employed within one (1) calendar year after September 30th following the date of lay-off.
5. The teacher's contract is terminated for cause.
6. Any teacher on the recall list who refuses to accept a position for which the teacher has the necessary training, academic qualifications and ability to perform the work in the offered position, shall forfeit all rights of seniority and re-employment.
A teacher who has lost his or her right of recall as a result of the application of this clause shall be notified as soon as possible that his or her teaching contract has been terminated.
M. Notwithstanding any other provision of this Agreement, the foregoing lay-off provisions shall not apply to a teacher continuously employed by the Division under an approved form of agreement for a full school year or less as defined by the Minister by Regulation, or to a teacher employed for a fixed term where during that term the teacher is employed on the express-written understanding that the teacher's employment with the Division will cease at the end of such term; provided however, no teacher shall be laid off who has been employed by the Division under an approved form of agreement for more than one full school year as defined by the Minister by Regulation, where a teacher with a full school year or less of employment under an approved form of agreement or a specific term contract has not been laid off, having regard to the necessary training, academic qualifications, experience and ability required for a specific teaching assignment of such teacher employed under a specific teaching assignment of such teacher employed under a specific term contract (as defined in Section D.6 above) or of a teacher continuously employed by the Division under an approved form of agreement for a full school year or less as defined by the Minister by Regulation.