SOUTHWEST HORIZON TEACHERS' ASSOCIATION

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

Article 10 - Professional Staff Layoff

1. In attempting to anticipate the development of redundant positions, the Division shall provide the Association with forecasts of enrolments and teacher requirements.

2. No teacher shall be laid off until the Division in consultation with the Association has assessed possible alternatives concerning layoffs. These alternatives could include leaves, attrition, transfer, sabbatical, job sharing, etc.

3. If after considering the above, layoffs are seen to be needed, the following criteria shall be used:

a. Where it is determined by the Division that a layoff is necessary and where natural attrition, transfers, leaves of absence, and sabbaticals do not affect the necessary reduction in staff, the Division shall give consideration to retaining teachers having the greatest length of service with the Division.

b. 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 a teacher does not have the necessary training, academic qualifications or experience for a specific teaching assignment.

c. 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 a teacher is placed by the 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. Length of teaching service - the teacher’s length of continuous employment with the Division commencing with the first day after his or her most recent day of hiring with the Division. Approved leaves of absence shall not constitute a break in continuity of service.

d. Written notice of any layoff and reasons therefore shall be given to the teachers being laid off no later than the first day of May.

e. If, after layoffs have occurred, and for a period of one calendar year 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 and experience for the position available. Length of service with the Division shall 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 or experience.

f. If a teacher is recalled as in (e.) above, the following shall 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 during the layoff.