a) When it is determined by the Board that a layoff is necessary and where natural attrition, transfers and leaves of absence do not effect the necessary reduction in staff, the Board shall give first consideration to retaining teachers having the greatest length of service with the Board.
b) Notwithstanding the foregoing, the Board shall have the right to disregard the length of service of any teacher in the event of a layoff, if such teacher does not have the necessary training, academic qualifications, experience and ability, for a specific teaching assignment within the Division.
c) 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 Teacher Certification and Records Branch of Manitoba Education.
iii) Experience: The practical application of the training over a period of time with respect to the particular subject or subjects.
iv) Ability: A teacher’s demonstrated skill and competence to perform a particular teaching assignment satisfactorily and proficiently after having acquired the necessary training, academic qualifications and experience.
v) Length of Teaching Service: The teacher’s length of continuous employment with the Board commencing with the first teaching day after one’s most recent day of hiring with the Board. Approved leaves of absence shall not constitute a break in continuity of service.
vi) 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.
vii) 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.
d)
i) In the event of an impending layoff, the Board shall meet with the Executive of the Association to discuss the implications of the layoff and shall provide the Association with a list of teachers to be laid off. The meeting shall be held no later than the 15th day of April in any school year.
ii) The Board shall maintain a seniority list showing the date upon which each teacher’s service commenced and the total length of service for the purpose of determining seniority.
e) Length of teaching service shall be determined on the basis of the following:
i) The teacher’s length of continuous employment, with the Board commencing with the first teaching day after one’s most recent day of hiring with the Board.
ii) Where teachers have the same length of continuous employment with the Board, the length of teaching service shall be determined on the basis of total teaching experience in the Division.
iii) Where teachers have the same length of service as in (ii) the length of teaching experience shall be determined on the basis of total recognized teaching experience.
iv) Where teachers have the same length of service as in (iii) the length of teaching service shall be determined on the basis of total recognized teaching experience in Manitoba.
v) If the length of teaching service, as in (iv) is equal, the teacher to be laid off shall be determined as per signature date of respective contracts.
f) Notice of any layoff shall be given to the teachers no later than the 15th day of May in any school year.
g)
i) If, after layoffs have occurred and for a period of two (2) calendar years after the 30th of September following the date of layoff, 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 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, experience and ability.
ii)
aa) Teachers With One Full School Year or Less
Where a teacher employed under a Teacher-General Contract for a full school year or less and as a result of this article that teacher’s contract has been terminated and that teacher is subsequently signed to a new Teacher-General Contract then that teacher’s length of service for determining layoff will be retroactive to the first teaching day under the previous Teacher-General Contract with the Division provided that employment is continuous.
For the purpose of this article continuous employment is employment with the Division where there is no break in service. For further clarity summer, spring and winter breaks will not constitute a break in service provided that teacher has a Teacher-General Contract in force and effect on the last teaching day of the summer, winter or spring break and a Teacher-General Contract in force and effect on the first teaching day following that break.
bb) Teachers Employed Under a Limited Term Teacher-General Contract
Where a teacher on a Limited Term Teacher-General Contract becomes employed under a Teacher-General Contract, without a break in service, then the length of service for determining layoff will be retroactive to the start date of the first continuous Limited Term Teacher-General Contract signed with the Pembina Trails School Division (or either of its predecessor Divisions).
For the purpose of this clause a continuous Limited Term Teacher-General Contract will be employment with the Division under a Limited Term Teacher-General Contract where there is no break in service between one Limited Term Teacher-General Contract and another Limited Term Teacher-General Contract or Teacher-General Contract. For further clarity, the summer, winter and spring breaks will not constitute a break in service provided that teacher has a contract in force and effect on the last teaching day of the summer, winter or spring break and a Limited Term Teacher-General or Teacher-General Contract in force and effect on the first teaching day following that summer, winter or spring break.
h) Each teacher shall keep the Board informed as to his/her current address.
i) Teachers shall be recalled by registered mail and must reply by registered mail within fourteen (14) days of receiving the letter of recall. Failure to contact the Board shall result in the loss of all recall rights. If a teacher refuses a position for which that employee is qualified, such teacher shall lose all rights for recall.
j) If a teacher is recalled as provided in (i) above, the following will not be affected:
i) accumulated sick leave gained prior to being laid off, but sick leave shall not be accrued for the period of time of the layoff;
ii) seniority gained prior to being laid off, but seniority shall not be accrued for the period of time of the layoff.
k) A teacher shall lose seniority for any of the following reasons:
i) the teacher resigns;
ii) the teacher becomes employed by another school board except in the case of employment under a limited term contract;
iii) the teacher fails to return to work after the termination of any leave granted by the Board;
iv) the teacher is not re-employed within two (2) calendar years after September 30 following the date of layoff;
v) the teacher’s contract is terminated for cause;
vi) any teacher on the re-employment 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/her right of recall/re-employment as a result of the application of this clause shall be notified as soon as possible that his/her teaching contract has been terminated.
l) Notwithstanding any other provisions of this Article, the foregoing layoff provision shall not apply to a teacher continuously employed by the Board 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 Board will cease at the end of such term, provided however, no teacher shall be laid off who has been employed by the Board 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 laid off, having regard to the necessary training, academic qualifications and ability required for a specific teaching assignment of such teacher employed under a limited term contract of a teacher continuously employed by the Board under an approved form of agreement for a full school year or less as defined by the Minister by regulation.