Teacher Staff Reduction
1. Where it is determined by the Division that a teacher staff reduction is necessary, the Division shall retain teachers having the greatest length of service with the Division, all other considerations being equal. The Division shall retain the right to disregard the length of service of any teacher if the teachers does not have the necessary training, academic qualifications, experience, and/or ability which is required for an available teaching assignment.
Any teacher affected by staff reduction by the Division shall not lose seniority rights or accumulated benefits except as outlined by this agreement.
Staff reduction in a particular school will be based on divisional seniority, those with the least number of years seniority will be laid off first, all other considerations being equal.
2. a) CONTINUOUS EMPLOYMENT. The teacher's length of employment with the Division is from the date of hire under one (1) or more successive regular or temporary contracts as long as there is no break in actual teaching service between contracts. Approved leave of absence up to two (2) years of consecutive leave at any one time shall not constitute a break in continuity of service. However, the duration of the leave shall not be considered as teaching experience for seniority or salary purposes.
b) REGULAR CONTRACT. Means Form 2 Contract, Teacher-General Contract, or any similar or subsequent form approved by the Minister of Education for the continuous employment of teachers.
c) TEMPORARY CONTRACT. Means Form 2A Contract or Limited Term Teacher-General Contract or any similar or subsequent form approved by the Minister of Education for the temporary employment of teachers.
3. The Division shall maintain a seniority list showing the date upon which each employee's service commenced and the total length of service for the purpose of determining seniority. At the spring liaison meeting the Division will outline the Board's budget and its implications for the next school year.
4. Length of teaching service shall be determined on the basis of the following:
a) The teacher's length of continuous employment with the Division as defined in Section 2a.
b) Where credited teaching service of teachers is equal then seniority, provided qualifications are equal as well, will be determined by the Board.
5. Notice of any staff reduction shall be given to teachers no later than the first (1st) day of May.
6. Notwithstanding any other provisions of this Agreement, no teacher shall be laid off who has been employed by the Division under a regular contract if there is a teacher employed under a temporary contract in the same school and the teacher on regular contract has the necessary training academic qualifications, experience and/or ability which is required for the available position.
Teacher Staff Recall
1. If, after staff reduction has occurred and for a period of two (2) calendar years following the date of staff reduction, positions become available, teachers on the recall list who have given written notice that they wish to be recalled, shall be considered for positions which become available if they have the training, academic qualifications, experience and/or ability which are required for the positions. Length of service may be disregarded if a teacher does not have the training, academic qualifications, experience, and/or ability which is required for a particular position. The recall list shall be maintained by the Division and circulated to all Principals.
2. Teachers shall keep the Division informed as to their current address.
3. Teachers shall be recalled by priority post or letter delivered by hand and must reply by priority post or may deliver such letter in person to the Division within fifteen (15) working days of receiving the letter of recall. Failure to contact the Division shall result in the loss of all recall rights.
4. If a teacher is recalled as provided in 3 above, the following will not be affected:
a) accumulated benefits prior to being placed on the recall list, but sick leave shall not be accrued for the period of the lay‑off,
b) seniority.
5. A teacher shall lose seniority for any of the following reasons:
a) The teacher resigns.
b) The teacher becomes employed by another school board on a permanent contract.
c) The teacher fails to return to work after the termination of any leave granted by the Division.
d) The teacher is not recalled within two (2) calendar years following the date of placement on the recall list.
e) The teacher's contract is terminated for cause.
f) Any teacher on the recall list who refuses to accept a position (not withstanding Section 8) shall forfeit all rights of seniority and recall.
A teacher who has lost his/her right of recall as a result of the application of this clause shall be notified.
6. Any required movement of the teacher from his/her position to a place of employment in the Division shall be paid under the same terms as those governing transfers at Division request.
7. i) The Division shall offer any vacant position(s) that arise(s) within the Division to the teacher on the recall list with the most seniority and who has appropriate qualifications. Notwithstanding the foregoing the Board shall have the right to disregard the length of service of any teacher on the recall list if such teacher does not have the necessary training, academic qualifications, experience and ability, for a specific teaching assignment within the Division.
ii) The teacher may apply for any vacant position in the Division without the loss of benefits under the recall provision.
iii) Teachers with seniority and the appropriate qualifications will be offered vacant positions. Whereas, teachers with limited experience and/or incomplete qualifications and who wish to be considered for available vacant positions, may be required by the Division to attend an interview.
8. A teacher may not refuse a position offered except where such refusal is based on the grounds of:
i) medical reasons
ii) family hardship*
iii) qualifications ‑ necessary training, academic qualifications, experience and ability.
iv) contractual obligations**
v) mutual agreement between the teacher and the Division.
vi) the break-up of the family unit through transfer to different locations of teaching couples, and/or
vii) the breakup of the family unit due to teacher transfer to a different location when the teacher’s spouse has permanent employment in that community with an employer other than the Division.
Any refusal on any other basis shall remove all obligations on the part of the Division. The Division shall notify the teacher, in writing, that the teacher has lost their seniority and recall rights.
* Refers specifically to the break up of a family unit through transfer to different locations of teaching couples.
** Refers specifically to instance where a teacher is contractually locked in to other paid employment.