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 identify those teachers to be laid off after taking into account the special subject, programs and administrative needs of the Board, according to the procedures set out below.
A. For the purpose of identifying the teachers to be laid off the Board shall give first consideration to seniority provided that the teacher has the qualifications, training or experience for a specific teaching assignment.
B. Notwithstanding the foregoing, the Board 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 or ability for a specific teaching assignment.
C. Notwithstanding Article 12, seniority for the purposes of this agreement is defined to mean the length of continuous teaching experience beginning with the first teaching day within the Division on a current Form 2 or Teacher General or equivalent full time contract.
D. 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 employment with the Division.
E. Where teachers have the same seniority as defined in (C) and (D), the order of seniority shall be determined on the basis of total verified teaching experience in Manitoba.
F. Where teachers have the same length of continuous teaching experience as defined in (D), (E), and (F) the order of seniority shall be determined on the basis of total teaching experience verified by The Professional Certification Section of the Administration and Professional Certification Branch of Manitoba Education and Training.
G. If the length of continuous teaching experience as defined in (D), and (E), and (F), and (G) is equal, the teacher to be declared surplus shall be determined by the Board.
H. A teacher will retain and accrue seniority if absent from work because of:
a) illness or accident up to the maximum sick leave days accumulated under the provisions of the Collective Agreement;
b) sabbatical leave;
c) maternity leave under the provisions of an agreement between the teacher and Board.
I. A teacher shall retain but not accrue seniority if the teacher is:
a) laid off for a period of time less than that set out in Clause (J)(d) thereof;
b) absent because of illness or accident for more than the maximum number of days accumulated under the provisions of the Collective Agreement;
c) absent from work because of an approved leave of absence. In the event of leave of absence, which the Board determines to be beneficial to the Division, a teacher shall accrue seniority.
J. A teacher shall lose seniority for any of the following reasons:
a) the teacher resigns;
b) the teacher is employed by another school board as a full time teacher on a Form 2 or Teacher General or equivalent full time contract, approved by the Minister; except a teacher who is employed full time on such a contract for a limited term not to exceed one full year;
c) the teacher fails to return to work after the termination of any leave granted by the Board;
d) the teacher is not recalled within one (1) calendar year after September 30th following the date of lay-off;
e) the teacher's contract is terminated for cause;
f) the teacher is on the recall list and refuses to accept a position which becomes available pursuant to Clause N for which the teacher has the necessary training, academic qualifications, or ability to perform the work in the position offered.
K. Definitions
a) 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.
b) Academic Qualifications - Refers to the classification in which the teacher is placed by the Professional Certification Section of the Administration and Professional Certification Branch of Manitoba Education and Training.
c) Experience - The practical application of the training over a period of time with respect to the particular subject or subjects.
L. In the event of an impending lay off, the Board 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 copy of the seniority list. Teachers shall have ten (10) teaching days to protest in writing to the Board any alleged omission or incorrect listings on the seniority list.
M. Notice of lay off shall be given to the teacher no later than the first day of May for the period ending June 30th, and no later than the first day of December for the period ending January 31st. The teacher, within ten (10) calendar days of receiving notice of lay off, shall indicate in writing, his/her wish to be placed on the recall list.
N. If after layoffs have occurred, and for a period of one 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, provided such teachers have the necessary training, academic qualifications or experience for the positions available. Seniority with the Board will be used to determine the order in which laid off teachers are offered the available positions provided that said teachers have the necessary training, academic qualifications or experience.
O. It shall be the responsibility of the teacher to report 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 within six (6) working days of registration of 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 such notification, unless by mutual agreement.
P. A teacher's accumulated sick leave credits shall not be affected if the teacher is recalled as provided in Clause O hereof.
Q. If the Board terminates the contract of a teacher because that teacher is surplus, the Board shall, at the request of the teacher, provide the teacher with a letter to this effect.
R. Notwithstanding any other provision of this Agreement, the foregone lay off provisions shall not apply to the teachers continuously employed under contract for an aggregate of less than ten (10) teaching months of paid service; provided however that no teacher who has been employed by the Board for more than an aggregate of ten (10) teaching months of paid service under contract shall be laid off, where teachers with less than an aggregate of ten (10) teaching months of paid service under contract have not been laid off, having regard to the necessary training, academic qualifications or experience required for the specific teaching assignment of such teacher continuously employed by the Division for less than an aggregate of ten (10) teaching months of paid service.