This article identifies the procedures required for:
(a) Preparation of seniority lists
(b) Preparation of Designated Program and Subject list
(c) Reduction of staff in the event of a layoff becomes necessary
(d) The recall of such staff if vacancies become available
(i) The Seniority List is a list, prepared or updated as necessary, listing all teachers in order of seniority as determined in (iii).
(ii) The Designated Program and Subject List is a list, prepared annually, of those subjects and/or programs in which teacher qualifications, training and experience, rather than teacher seniority, will be given first consideration in determining those teachers to be retained, rather than laid off. In the preparation of this list the following criteria shall be used:
1. The position requires special training or qualifications
2. No other more senior teacher or teachers possess the qualifications, training and experience necessary for that position.
(iii) Seniority shall be determined on the basis of the following criteria:
1. The length of continuous teaching employment with The District, as measured from the first day of teaching in The District.
2. Where teachers have the same seniority, as defined in 1., the order of seniority shall be determined on the basis of total teaching employment in The District.
3. Where teachers have the same seniority, as defined in 1. and 2. the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.
4. Where teachers have the same seniority, as defined in 1., 2., and 3., the order of seniority shall be determined on the basis of total recognized teaching experience.
5. Where teachers have the same seniority as defined in 1.,2., 3. and 4., the order of seniority shall be determined by The Board in consultation with The Local Association.
6. For the purpose of this Article an approved leave of one (1) school year or less in duration shall not be deemed to interrupt the continuity of service and the duration of such leave shall be considered as teaching experience for seniority purposes, but not for salary purposes.
7. For the purpose of this Article an approved leave of absence for more than one
(1) school year in duration shall not be deemed to interrupt the continuity of service, but the duration of such leave shall not be considered as teaching experience for seniority or salary purposes.
8. For the purposes of this Article, an approved D.N.D. leave shall be not deemed to interrupt the continuity of service and the duration of such leave shall be considered as teaching experience both for seniority purposes and for salary purposes.
(iv) The Board shall, by 15 October of each year, prepare a Seniority List of teachers and a Designated Program and Subject List as per definitions. A copy of these lists will be sent to The Local Association and each school shall have copies posted in the staff room.
(v) Each teacher and The Local Association shall be permitted a period of ten (10) school days after the posting of each list to protest in writing to the Superintendent any alleged omission or incorrect listing. Such protest shall be confined to any errors or changes occurring subsequent to the posting of any previous such lists. In the event no written protest is received by the Superintendent within the time stipulated, the lists shall be deemed correct and acceptable.
(vi) Where it is determined that a layoff is necessary the teacher(s) to be laid off shall be those with the least seniority, however, The Board shall have the right to disregard the length of service of any teacher if:
1. the position of the teacher is listed on the Designated Subjects and Programs List as described above;
2. Teachers higher on the Seniority List who would be laid off if this teacher is retained are unable or unwilling to obtain the necessary qualifications or training for the designated position.
(vii) Before notification of layoff takes place, The Local Association Executive will be given the opportunity to meet with The Board and Superintendent to offer amendments or alternatives.
(viii) Notice of layoff shall be given to a teacher no later than May 31, for a layoff effective the end of spring term, and no later than November 30 for a layoff effective the end of the fall term. Notice of probable layoff shall be given as early as possible, but no later than April 1 for the spring term and October 1 for the fall term.
(ix) Teachers who have been laid off in accordance with this article shall be placed on a re-employment list and, in the event of a teaching position becoming available, shall be recalled in order of seniority beginning with the most senior, provided that the teacher so affected has the appropriate combination of qualifications, training and experience for the available position. Teachers on the re-employment list shall have right of recall for one calendar year after September 30 following the date of layoff. Where a teacher is recalled in accordance with this paragraph such teacher shall not suffer loss of
1. Accumulated entitlement to Sick Leave, Special Leave, Sabbatical Leave, Exchange Leave or Leave of Absence
2. seniority gained prior to being laid off
(x) It shall be the responsibility of the teacher to keep The Board informed of his/her current address at all times during the recall period following layoff.
(xi) Teachers shall be recalled by registered mail and must respond within ten (10) days of receiving the letter of recall. Any teacher on the recall list, with the exception of those teachers employed for a short term by another school district on a Limited Term Teacher General Contract, who refuses to accept a position for which the teacher has the appropriate combination of training, qualifications and experience shall forfeit all right of recall. The Board shall include this paragraph in any letter of recall.
(xii) A teacher shall lose recall rights for any of the following reasons:
1. The teacher resigns letter of recall
2. The teacher fails to return to work after termination of any leave granted by The Board;
3. The teacher is not recalled by September 30 a year following the date of layoff;
4. The teacher's contract is terminated for cause;
5. The teacher fails to comply with clause (J) of this Article.