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 affect the necessary reduction in staff, the Division shall give first consideration to retaining teachers having the greatest length of service with this Division after taking into account the special subject, program and administrative needs of the Division.
Notwithstanding the foregoing, the Division shall have the right to disregard the length of service of any teacher in event of a lay-off, if such teacher does not have the necessary training, academic qualifications and experience for a specific teaching assignment.
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 Teachers' Certifications and Records Branch of the Department of Education;
iii) Experience:
The practical application of the training over a period of time with respect to the particular subject or subjects;
iv) Length of Teaching Service:
The teacher's length of continuous employment with the Division commencing with the first teaching day after his/her most recent day of hiring with the Division.
In the event of an impending 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 and with a seniority list. The meeting shall be held no later than the 15th day of April.
Notice of any lay-off shall be given to the teachers no later than the first day of May, this lay-off to be effective June 30th in contract year.
If, after lay-offs have occurred and for a period of one (1) calendar year after the 30th 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 position first, providing such teachers have the necessary training, qualifications and experience for the position available. Length of service 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, qualifications and experience.
If a teacher is recalled as provided, in (f) above, the following will not be affected:
i) accumulated sick leave;
ii) seniority gained prior to being laid-off, but seniority shall not be accrued for the period of time of the lay-off;
A teacher shall lose seniority for any of the following reasons:
i) The teacher resigns,
ii) The teacher becomes employed by another school division,
iii) The teacher fails to return to work after the termination of any leave period granted by the Division,
iv) The teacher is not re-employed within one (1) calendar year 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.
Notwithstanding any other provisions of this agreement; the foregoing layoff provisions shall not apply to teachers continuously employed under one contract with the Division for less than two years, 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 with the Division, provided however, no teacher has been employed by the Division for more than two years shall be laid off where teachers with less than two years' service or specific term contracts have not been laid off, having regard to the necessary training, academic qualifications, and experience required for the specific teaching assignment of such teacher employed under a specific term contract or of the teacher continuously employed under his/her contract with the Division for less than two years.