a) The Division and the Association recognize the right of all individuals within the Division to an environment free from sexual or other harassment and the right to be treated fairly.
b) Allegations and investigations of harassment shall, to the extent possible, be dealt with in confidence.
a) Both the Association and the Board recognize the principle that all teachers are entitled to have a working environment free from physical violence, verbal abuse or the threat of physical assault and both parties shall make reasonable efforts to maintain this goal.
b) This section is subject to The Public Schools Act and regulations thereto and is not intended to abrogate any management rights with respect to the student disciplinary process.
c) Teachers shall not have the right to grieve individual student disciplinary decisions made by the School Administration.
The imposition of discipline without just cause by the Division or any agent thereof in the form of written warning(s) and/or suspension(s) with or without pay shall be subject to the following provisions:
a) Where the Division or person(s) acting on behalf of the Division so disciplines any person covered by this Collective Agreement and where the affected person is not satisfied that the discipline is for just cause, the Division’s action shall be deemed to be a difference between the parties to or persons bound by this Collective Agreement under the Settlement of Differences article.
b) When such a difference is referred to a Board of Arbitration the Board of Arbitration shall have the power to:
i) uphold the discipline;
ii) rescind the discipline;
iii) vary or modify the discipline;
iv) order the Board to pay all or part of any loss of pay and/or benefits in respect of the discipline;
v) do one or more of the things set out in sub-clause i), ii), iii) and iv) above.
c) This article does not apply to teacher assessment and evaluation processes done pursuant to Division policy and practices and amendments thereto, except to the extent that any such assessment or evaluation is used as the basis of or in connection with disciplinary action.
d) The Association agrees that the Division or any agent thereof has the right to suspend a teacher with or without pay with just cause.
a) No principal or vice-principal covered by this Collective Agreement shall be demoted without just and reasonable cause.
b) When the Board demotes any principal or vice-principal covered by this Collective Agreement, and where the affected principal or vice-principal is not satisfied that the demotion is for just and reasonable cause, the Board’s actions shall be deemed to be a difference between the parties to, or persons bound by this Collective Agreement under the Settlement of Differences article.
c) When such a difference is referred to a Board of Arbitration the Board of Arbitration shall have the power to:
i) uphold the demotion;
ii) rescind the demotion;
iii) vary or modify the demotion;
iv) order the Board to pay all or part of any loss of pay and/or benefits in respect of the demotion;
v) do one or more of the things set out in sub-clause i), ii), iii), and iv)
above.
a) When a complaint is made against a teacher, every reasonable attempt will be made to resolve the matter informally, through discussion with the teacher against whom the complaint is made.
b) If these attempts to resolve the matter are not successful, before the Board or Superintendent considers any complaint further, the complaint must be committed to writing and signed by the complainant. At least one week prior to any action being taken by the Board or Superintendent, the teacher concerned shall be given a copy of the complaint and the Association President shall be informed of the complaint, together with the name of the teacher in question.
c) Sub-sections a) and b) shall apply under all circumstances except in the case of an urgent situation affecting the welfare of the Division, or of a student or students, or of a teacher.
d) The Board and its agents shall act fairly, reasonably and in good faith in dealing with complaints.
e) For the purpose of this article, complaint shall mean an issue not related to the employer/teacher relationship.
a) Teachers on Limited Term Teacher-General Contracts are those teachers engaged to perform a specific task, or for a specific period of time or until the occurrence of a specific event.
b) Teachers with two (2) successive full school years of service under a Limited Term Teacher-General Contract shall, on employment for the third successive school year, be signed to a Teacher-General Contract.
c) Notwithstanding the foregoing, should the Division expect the teacher to be employed in the third successive school year for a period of less than three (3) months, the Division may employ such teacher on a Limited Term Teacher-General Contract.
d) A teacher who has been employed by the Division under a Limited Term Teacher-General Contract for two (2) successive school years and who subsequently is employed under a Teacher-General Contract, shall be deemed to have been employed under a Teacher-General Contract since the commencement of her or his duties under a limited term contract and shall be entitled retroactively to seniority and to unused sick leave days accrued since his or her date of hire under a Limited Term Teacher-General Contract.
a) The Association recognizes the right of the Board to assign teachers employed by the Board to schools and classes under the jurisdiction of the Board.
b) Wherever possible, the Board shall give to any teacher to be affected by transfer, the greatest possible advance notice and, in any event, shall accord the teacher opportunity to consultation, both with respect to the fact of the transfer and the details of its accomplishment.
a) A teacher may at a mutually agreed time review his/her personnel file after submitting a request for such review to the Assistant Superintendent, Human Resources or designate. The Division will have its representative present when the teacher is examining his/her personnel file.
b) A teacher shall have the right to respond in writing to any document contained in the personnel file.
c) The Division will not introduce as evidence at any arbitration hearing and an Arbitration Board shall not accept as evidence any document which is disciplinary in nature, unless the teacher has been previously advised of the nature of the discipline and has been provided with a copy of such document on request.
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.
a) Where there is a difference between the parties to, or persons bound by this Agreement, or on whose behalf it was entered into, concerning its content, meaning, application or violation, the aggrieved party shall, within fifty (50) teaching days of the event giving rise to the difference or alleged violation, or, within fifty (50) teaching days from the date on which the grievor became aware of the event giving rise to the difference or alleged violation, whichever is later, notify the other party in writing stating the nature and particulars of the difference and the solution sought.
b) If the difference is not settled within ten (10) teaching days from the date when the aggrieved party notifies the other party, in writing, of its desire to have the difference negotiated, the difference shall, upon written request by either party be submitted to a single arbitrator as herein prescribed.
c) A single arbitrator shall be selected jointly by the parties whose decision regarding the difference between the two parties or alleged violation, shall be limited to the difference or grievance outlined in the statement or statements submitted by the parties but the decision shall not have the authority to vary, add to, delete from change or disregard any provision of this Agreement.
d) In the event that the parties are unable to agree upon a single arbitrator within ten (10) teaching days from the day one party notified the other party of its desire to have the difference submitted to arbitration, each party shall nominate one member ready, willing and able to sit on an arbitration board, and the two members so selected shall, within a further period of ten (10) teaching days, nominate a chairperson, ready, willing and able to serve in the capacity of chairperson of the Arbitration Board. In the event of the failure of the first two mentioned members of the Board to agree upon the selection of a chairperson the matter shall be referred by them to the Manitoba Labour Board who shall choose the chairperson.
e) The costs of arbitration shall be shared equally by both parties to this Agreement.
The provisions of The Manitoba Human Rights Code shall apply.
1. Teaching vacancies that arise throughout the year will be posted on the Divisional website at www.pembinatrails.ca for a minimum of four working days.
2. Teachers returning from approved leave shall be placed in positions which are then not required to be posted.
3. Vacancies for permanent positions which arise in mid year will be posted and filled and then reposted for all staff in the spring staffing period.
4. Consistent with provisions of Article 3.8 (b)(i), upon application for full time or part-time teaching positions, first preference will be given to all teachers signed to Form 2 or Teacher-General Contracts with Pembina Trails School Division for which they are qualified when such full time or part-time teaching positions become available.
5. The President of the Pembina Trails Teachers’ Association will be notified of every opportunity as they arise.