MOUNTAIN VIEW TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2014/07/01 - 2018/06/30 (EXPIRED)

ARTICLE 31.00 - LAY OFF PROVISION

31.01

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 seniority with the Division.

Notwithstanding the foregoing, the Division shall have the right to disregard the seniority of any teacher in the event of a lay‑off, if such teacher does not have the necessary training and/or academic qualifications and/or experience and/or ability for a specific teaching assignment.

31.02

During the month of January each year, a seniority list will be prepared by the Board and posted in each school and provided to the Association. 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.

31.03

Seniority for the purposes of this agreement is defined to mean the length of continuous teaching experience from the date of most recent hire by the School Division beginning with the first day of teaching within the School Division.

31.04

Where the teachers have the same length of continuous teaching experience, the order of the seniority list shall be determined on the basis of the total length of employment with the School Division.

31.05

Where teachers have the same seniority as defined in 31.03 and 31.04, the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.

31.06

Where teachers have the same seniority as defined in 31.03, 31.04 and 31.05, the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.

31.07

If the length of teaching experience as defined in 31.03, 31.04, 31.05, and 31.06, is equal, the teacher to be declared surplus shall be determined by the Board.

31.08

A teacher will retain and accrue seniority if absent from work because of:

i)    Illness or disability up to the maximum days accumulated under the provisions of the collective agreement;
ii)    Illness or disability while on unpaid medical leave and in receipt of benefits from the Manitoba Teachers’ Society Disability Benefits Plan to a maximum of 36 months.  At the expiry of that 36 month period, the teacher shall retain but not accrue seniority;
iii)    A leave of absence up to 30 calendar days;
iv)    Sabbatical Leave;
v)    Maternity Leave and Parental Leave in accordance with the Employment Standards Code;

31.09

In the event of a 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 and shall provide the Association with a list of teachers to be laid off.

31.10

It is acknowledged that, insofar as is possible, notice of lay-off shall be given to the teacher by certified mail no later than May 1st, such notice of lay-off to become effective as at June 30th of that school year.  However, it is also acknowledged that in certain circumstances, the Division may find it necessary to provide notice of lay-off earlier in the school year and in such cases, shall provide such notice by certified mail no later than November 1st, such notice to be effective as at December 31st of the school year.  The teacher within ten calendar days of receiving notice of lay-off shall indicate, in writing, his/her wish to be placed on the re-employment list.  Notwithstanding anything else in this collective agreement, failure to respond within the time limit specified in this clause shall relieve the onus on the Division for that teacher’s placement on the re-employment list.

31.11

After lay-offs have occurred and for a period of one calendar year after the September 30th directly following the lay-off, 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, experience, and ability for the positions available.

Seniority 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, academic qualifications, experience, and ability.

31.12 Definitions

i)  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.

ii)  Academic Qualifications: Refers to the classification in which a teacher is placed by the Administration and Teacher' Certification Branch of Manitoba Education.

iii)  Experience: The practical application of training over a period of time with respect to the particular subject or subjects.

iv)  Ability - A teachers demonstrated skill and competence to satisfactory and proficiently perform a particular assignment after having acquired the necessary training and academic qualifications and reasonably current experience.

31.13

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 working days of registration of same 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 14 calendar days following such notification unless by mutual agreement.

31.14

A teacher's accumulated sick leave credits shall not be affected if the teacher is recalled as provided in the Article 31.13 above.

31.15

If the Division terminated the contract of a teacher because that teacher is surplus, the Division shall, at the request of the teacher, provide him/her with a letter to this effect.

31.16

Notwithstanding any other provision of this article the foregoing lay‑off provisions shall not apply to teachers continuously employed under one contract with the Mountain View School Division for one year or less, or to teachers employed for a specific term where during that term the teacher is employed on the express written understanding that such teacher will not after the completion of such term be employed by the School Division.