Where it is determined by the Division that a layoff 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 length of service with the Division.
Notwithstanding the foregoing, the Division 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.
A. 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(s).
B. Qualifications: Refers to the classification in which a teacher is placed by the Teacher’s Certification and Records Branch of Manitoba Education.
C. Experience: The practical application of the training over a period of time with respect to the particular subject(s).
D. 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.
E. Continuous Employment: The teacher’s length of employment with the Division from the date of hire under a regular contract or successive temporary contracts in the same teaching assignment that results in the signing of a regular contract as long as there is no break between contracts.
F. Teacher – General Contract: Teacher General Contract or any similar or subsequent form approved by the Minister of Education for the continuous employment of teachers.
G. Limited Term Teacher – General Contract: Limited Term Teacher General Contract or any similar or subsequent form approved by the Minister of Education for the temporary employment of teachers.
The Division shall maintain a seniority list showing the date upon which each teacher’s employment commenced and the total years of employment for the purpose of determining seniority. Such list shall be posted in each school by January 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 January 31st of that year.
Seniority for the purposes of this agreement is defined to mean the length of continuous employment as a teacher with the Division as defined in 10.03 (e).
Where teachers have the same length of continuous employment with the Division, seniority shall be determined on the basis of total teaching employment with the Division.
Where teachers have the same length of service in 10.06, the seniority shall be determined on the basis of total teaching employment in Manitoba.
Where teachers have the same seniority as defined in 10.05, 10.06 and 10.07 above, the order of seniority shall be determined on the basis of total recognized teaching experience by Manitoba Education.
If the length of teaching experience as defined in 10.05, 10.06, 10.07 and 10.08 above is equal, the teacher to be declared surplus shall be determined by the Division.
A teacher shall lose seniority for any of the following reasons:
a) the teacher resigns
b) the teacher is employed by another school division on a regular contract
c) the teacher is not re-employed within two (2) calendar years after September 30th following the date of layoff
d) the teacher fails to return to work after the termination of any leave granted by the Board
e) the teacher’s contract is terminated for cause
f) any teacher on the re-employment list who refuses to accept a position for which the teacher has the necessary training, academic qualifications, experience and ability to perform the work in the position offered, shall forfeit all rights of seniority and re-employment.
In the event of a lay-off, the Division shall meet with 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. The meeting shall be held no later than April 15th in any school year.
Notice of layoff and a copy of this article shall be given to the teacher no later than the first day of May in any school year. The teacher, within ten (10) calendar days of receiving notice of layoff, shall indicate, in writing, his/her wish to be placed on the re-employment list.
If, after layoffs have occurred and for a period of two (2) calendar years after September 30 following the date of layoff, teachers who have been laid off and have given written notice that they wish to be re-employed shall be offered the position first when positions become available, provided 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.
If a teacher is re-employed as provided in article 10.13, the teacher’s sick leave credits accumulated at the time of layoff, will not be affected.
It shall be the responsibility of the teacher to report an address to which a re-employment notice can be delivered. Re-employment notices will be delivered by registered mail to the last reported address given by the teacher. A teacher who receives a re-employment notice shall be required to indicate within seven (7) calendar days of the notice being received of his/her intent to return to work and shall be required to return to work on the date set out in the notice. Failure to contact the Division shall result in the loss of all re-employment rights.
If the Board terminates the contract of a teacher because that teacher is surplus the Division shall provide the teacher with a letter to this effect.
Notwithstanding any other provisions of this article, the foregoing lay-off provisions shall not apply to teachers continuously employed under one (1) contract with the Division for less than one (1) year, or to teachers employed for a specific term where during that term the teacher is employed on the expressly written understanding that such teacher will not after the completion of such term be employed by the Division.