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 effect the necessary reduction in staff, the Division shall give first consideration to retaining teachers having the greatest seniority with the Division.
b) 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.
c) Seniority for the purposes of this agreement is defined to mean the length of continuous teaching experience within the Division.
d) 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 Division.
e) Where teachers have the same seniority as defined in c) and d) above the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.
f) Where teachers have the same seniority as defined in c), d), and e) above the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.
g) If the length of teaching experience as defined in c), d), e), and f) are equal, the teacher to be declared surplus shall be determined by the Division.
h) A teacher will retain and accrue seniority if absent from work because of:
1. illness or accident up to the maximum days accumulated under the provisions of the Collective Agreement;
2. a leave of absence up to thirty (30) calendar days other than following sick leave per 9 I i);
3. Sabbatical leave;
4. leave up to the amount of time specified under the provisions of the Employment Standards Code.
i) A teacher shall retain but not accrue seniority if the teacher is:
1. on leave of absence in excess of thirty (30) calendar days;
2. laid off for a period of time less than that set out in Article 9 J iv) hereof;
3. absent because of illness or accident for more than the maximum number of days accumulated under the provisions of the Collective Agreement;
4. absent because the Board has granted more leave than required by the Employment Standards Code.
j) A teacher shall lose seniority and the rights to further consideration for employment for any of the following reasons:
1. the teacher resigns;
2. the teacher is employed by another school division as a full-time teacher on a Form 2, or equivalent full-time contract, approved by the Minister; except those teachers who are employed full-time on such a contract for a limited term not to exceed one year;
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 layoff;
5. the teacher's contract is terminated for cause;
6. any teacher on the re employment list who refuses to accept a position for which the Division has determined that the teacher has the necessary training, academic qualifications, experience and ability to perform the work in positions offered shall forfeit all right of seniority and re-employment subject to the exception contained in (ii) hereof. In circumstances as outlined in 9 J ii) refusal to accept employment shall forfeit all claims to the position offered.
k) 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, subjects or programs.
2. Academic Qualifications - Refers to the classification in which a teacher is placed by the Professional Section of the Administration & Professional Certification Branch of Manitoba Education.
3. Experience - The practical application of the training over a reasonably current period of time with respect to the particular subjects (including special subjects) or programs as may from time to time be approved and offered by the Division.
4. 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.
l) In the event of an impending lay-off, the Division shall meet with the executive of the Association at least thirty-one (31) days prior to the notification of lay-off to discuss the implications of the lay-off and shall provide the Association with a list of teachers to be laid-off and with a copy of the seniority list. The seniority list shall be posted in each school within five (5) calendar days of the meeting between the Division and the Association.
The seniority list shall contain the names of those teachers having the least seniority identified in sufficient numbers so that the number identified is equal to three times (3x) the number of teachers to be laid off or twenty (20) teachers whichever is greater.
The Association and the teacher shall be permitted a period of ten (10) teaching days after posting of such list to protest in writing to the Division any alleged omission or incorrect listing, but such protest shall be confined to errors in or changes occurring since the posting of the last seniority list.
m) Notice of lay-off and a copy of this clause shall be given to the teacher laid off by registered mail not later than November 1st for lay-off on December 31st and May 1st for lay off on June 30th. It is understood that lay-offs will occur only on the aforementioned dates.
The teacher shall indicate, in writing, to the Division his/her wish to be placed on the recall list. Failure to provide a written indication to the Division by June 30 shall relieve the onus on the Division for that teacher's continued placement on the recall list.
n) If after lay-offs have occurred and for a period of one (1) 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 the positions first, providing such teachers have the necessary training, academic qualifications, experience and ability for the position 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.
It shall be the responsibility of the teacher to report to the Division by registered mail 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. A teacher who is recalled from lay-off shall be required to indicate, notwithstanding any other time limits in this collective agreement, within six (6) days of the registered letter being received or within twenty (20) calendar days of the letter being sent, whichever occurs first, 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 notification of his/her intent to return unless by mutual agreement.
o) A teacher's accumulated sick leave credits will not be affected if the teacher is recalled.
p) Notwithstanding any other provisions of this agreement, the foregoing lay-off provision 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 on a limited term contract not to exceed one (1) school year 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 (1) 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 limited term contract not to exceed one (1) school year has not been terminated, having regard to the necessary training, academic qualifications, experience and ability required for a specific teaching assignment of such teacher employed under a limited term contract 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.
q) If the Board terminates the contract of any teacher because that teacher is surplus, the Board shall, at the request of the teacher, provide him/her with a letter to this effect.