Where it is determined by the Institute 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 Institute shall give first consideration to retaining teachers having the greatest length of service with the Institute.
(a) Notwithstanding the foregoing, the Institute shall have the right to disregard the length of service of any teacher in the event of a lay-off, if such teacher does not have the necessary training, academic qualifications and experience for a specific teaching assignment in light of the special subjects and programs offered by the Institute.
(b) The provisions of this article shall not apply to the position of Principal.
Effective May 1, 1988, the seniority of a teacher shall be accumulated in the proportion of actual percentage of contracted time in each school year within the Institute. For purposes of calculating seniority prior to May 1, 1988, seniority shall be based on the length of continuous paid service with the Institute.
Seniority for the purposes of this agreement is defined to mean the length of continuous teaching experience with the Institute.
Where the teachers have the same length of continuous teaching experience, the order of the seniority list shall be determined on the basis of the total length of teacher employment with the Institute.
Where teachers have the same seniority as defined in .03, .04 and .05 above, the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.
Where teachers have the same seniority as defined in .03, .04, .05 and .06 above the order of seniority shall be determined on the basis of total teaching experience recognized by Manitoba Education for classification purposes.
If the length of teaching experience as defined in .03, .04, .05, .06 and .07 is equal, the teacher to be declared surplus shall be determined by the Institute.
A teacher will retain and accrue seniority if absent from work because of:
(a) illness or accident to a maximum of one year
(b) a leave of absence up to thirty (30) calendar days
(c) sabbatical leave
(d) work experience program leave
(e) up to the amount of time specified as leave under the provisions of the Employment Standards Code.
A teacher shall retain but not accrue seniority if the teacher is:
(a) on leave of absence in excess of 30 calendar days, except as set out in Article .11(d) hereof
(b) laid off for a period of time less than that set out in Article .10(d) hereof
(c) absent because of illness or accident for more than one year provided however that the first year of illness shall be counted as service for seniority purposes
(d) absent because the College has granted more leave than required by those leaves specified in Sections 34.1, 34.2 and 34.3 of the Employment Standards Code, provided however that the amount of time specified as leave under the provisions of the Employment Standards Act shall be counted as service for seniority purposes.
A teacher shall lose the right of recall for any of the following reasons:
(a) The teacher resigns.
(b) The teacher is employed by another School Division as a full time teacher on a Form 2, or equivalent full time contract, approved by the Minister, except those teachers who are employed full time on such a contract for a limited term, not to exceed one (1) year.
(c) The teacher fails to return to work after the termination of any leave granted by the Institute.
(d) The teacher is not recalled within two (2) calendar years after September 30 following the date of lay-off.
(e) The teacher's contract is terminated for cause.
(f) Any teacher on the recall 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 position offered subject to the exception contained in (b) hereof, shall forfeit all rights of recall.
A teacher who has lost his/her right of recall as a result of the application of this clause shall be notified as soon as possible that his/her teaching contract has been terminated.
(a) Training - Instruction received in preparation for the profession of teaching which includes the awarding of a recognized occupational trade designation/certification with respect to a particular subject or subjects.
(b) Academic Qualifications - Refers to the classification in which the teacher is placed by the Administration and Professional Certification Branch of Manitoba Education.
(c) Experience - The practical application of the training over a period of time with respect to the particular subject or subjects.
(a) In the event of a lay-off, the Institute or its designate shall meet with the Executive of the Association not fewer than 75 calendar days prior to the date of any layoff, unless an alternate date is otherwise agreed to between the President or his/her designate and the President of the Association. The purpose of the meeting is to discuss the implications of the possible layoff and to provide a copy of the seniority list. Such list shall:
(i) Contain the names of all teachers with five (5) years or less teaching experience as defined by .04. If necessary the list may be extended to include the names of teachers with more than five (5) years experience.
(ii) Identify the designated seniority of the teacher on the basis of .05, .06 and .07 of this collective agreement.
(iii) Specify the applicable date for the purpose of Article .04.
(iv) Be posted in the staff room of the Institute by February 1st of each 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 March 15 of that year. In the event of an omission or incorrect listing being brought to the Institute's attention after March 15, the teacher so affected shall have the right to correct the list at the next posting.
(v) Be sent to any teacher on leave whose name appears on that list at his/her last reported address.
(b) Notwithstanding subsection (a), prior to the issuing of layoff notices, the Institute or its designate shall meet with the Executive of the Association with a list of teachers to be laid off.
(a) Notice of lay-off and a copy of this clause shall be given to the teacher laid off by registered mail no later than November 15 for lay-off on December 31 and no later than May 15 for lay-off on June 30. It is understood that lay-offs will occur only on the aforementioned dates, except as outlined in subsection (b) of this article.
(b) Instructors who are hired for a teaching assignment beginning at a time other than the Standard School Year as defined in Article 7.04 of this collective agreement shall be provided not less than forty-five (45) calendar days' notice in the event of a layoff.
The teacher shall be placed on the recall list until June 30 of the school year in which he/she was laid off. To remain on the recall list beyond such date the teacher shall indicate in writing to the Institute his/her wish to remain on the recall list. Failure to provide a written indication to the Institute by June 30 shall relieve the onus on the Institute for that teacher's continued placement on the recall list.
If after lay-offs have occurred and for a period of one (1) calendar year after the 30th day 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 positions first, providing such teachers have the necessary training, academic qualifications and experience for the position available. Seniority with the Institute 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 and experience.
It shall be the responsibility of the teacher to report to the Institute by registered mail an address to which a recall notice can be delivered. Recall notices will be delivered by registered mail to the last reported address given by the teacher. A teacher who is recalled from lay-off shall be required to indicate, notwithstanding any other time limits in this collective agreement, within six (6) days of the registered letter being received or within twenty (20) calendar days of the letter being sent, whichever occurs first, his/her intent to return to work and shall be required to return to work on the date set out in the notice which date shall not be less than fourteen (14) calendar days following notification of his/her intent to return unless by mutual agreement.
A teacher's accumulated sick leave credits will not be affected if the teacher is recalled as provided in Article 21.16 above.
Notwithstanding any other provisions of this agreement, the foregoing layoff provision shall not apply to a teacher continuously employed by the Institute under an approved form of agreement for a full school year or less, as defined by the Minister by regulation, or to a teacher employed on a term contract, provided however, no permanent teacher shall be laid off who has been employed by the Institute under a Teacher General agreement for more than one (1) full school year as defined by the Minister by regulation, where a teacher with a full school year or less of employment under an approved form of agreement or a term contract has not been laid off, having a regard to the necessary training, academic qualifications and experience required for a specific teaching assignment of such teacher employed under a contract or of a teacher continuously employed by the Institute under an approved form of agreement for a full school year or less as defined by the Minister by regulation.