PRAIRIE ROSE TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2014/07/01 - 2018/06/30 (EXPIRED)

ARTICLE 20: LAYOFF

A) Where it is determined by the Board 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 Board shall give first consideration to retaining teachers having the greatest length of continuous service with the school division.

B) For the purpose of identifying the teachers to be laid off, first consideration will be given to seniority, provided that the teacher has the qualifications, training or experience for a specific teaching assignment.

C) The Board shall provide the Association with a seniority list indicating teachers on regular and Form 2A contracts and shall post the seniority list in each school in the Division prior to January 31st and September 30th of each year.  Teachers shall have until February 28th or October 31st to protest in writing any alleged omission or incorrect listing to the Board.  The seniority list as provided or amended must be certified prior to March 7th or November 7th by both parties in writing to be correct.

D) Notwithstanding any other provision of this Agreement, the foregoing lay-off provisions shall not apply to teachers continuously employed under contract for one full school year or less, or to teachers employed for a specific term where, during that term the teacher is employed on the express-written understanding that the teacher will not after the completion of such term be employed by the Board.

E) Definitions:
     i) Training – Instruction received as preparation for the profession of teaching, which leads to the development of a particular skill or proficiency with respect to a particular subject or subjects.
     ii) Qualifications – Refers to the classification in which the teacher is placed by the Teachers’ Certification 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) Service - continuous employment with the Division: the teacher’s continuous employment with the Division from the date of hire in White Horse Plain School Division, Midland School Division and Prairie Rose School Division, under one or more successive regular or temporary contracts as long as there is no break in actual teaching service between contracts. Approved leaves of absence shall not constitute a break in continuity of service.
     v) Seniority - The teacher’s length of teaching service shall be determined in accordance with the following provisions:
            a) The teacher’s continuous employment with the Division as defined in article E) iv) above.
            b) Where teachers have the same length of continuous employment with the Division, the length of teaching service shall be determined on the basis of total teaching employment in the Division.
            c) Where teachers have the same length of service as in v (b), the length of teaching experience shall be determined on the basis of total teaching employment in Manitoba.
           d) Where teachers have the same length of total service in v (c), the length of teaching service shall be determined on the basis of total teaching employment recognized by Professional Certification Unit of Manitoba Education.
           e) If the length of teaching service, as in v (d) is equal, the order of the teacher’s listing on the seniority list shall be determined by lot, or by the Division.

F) In the event of lay-off the Board shall inform the Executive of the Association.

G) If after layoffs have occurred within one calendar year following the day of layoffs (lay-off date May 1st) positions become available, teachers who have been laid off and have given written notice with forwarding address 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.  Seniority with the Board will be used to determine positions provided that the said teachers have the necessary training, qualifications and experience.

H) If a teacher is recalled as provided in (G) 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 the time of the lay-off.

I) The Division may, at its discretion, exempt a principal or vice-principal from the provisions of this article in the case where the principal or vice-principal would be subject to lay off in accordance with the provisions of the article.