When it is determined by the Division that a lay-off is necessary and where natural attrition, transfers, sabbaticals and leaves of absence do not affect the necessary reduction in staff, the Division shall develop a seniority list as hereinafter provided. Such a list shall contain the names of those tenured teachers having the least seniority identified in sufficient numbers to enable the Division to lay-off the required number of teachers after taking into account the special subject, program and administrative needs of the Division. The Association and the teacher shall be permitted a period of ten (10) teaching days after May 1 of that year to protest in writing to the Division any alleged omission or incorrect listing, but such protest shall be confined to errors in or changes occurring since the last seniority list.
Notwithstanding the foregoing, the Division 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 or academic qualifications or experience for a specific teaching assignment.
Seniority for the purposes of this Agreement is defined to mean the length of continuous teaching experience from the date of last hire by the Division beginning with the first day of teaching thereafter within the Division.
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.
Where teachers have the same seniority as defined in (3) and (4), 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 (3), (4), and (5), the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.
If the length of teaching experience as defined in (3), (4), (5) and (6), is equal, the teacher to be declared surplus shall be determined by the Division.
A teacher will retain and accrue seniority if absent from work because of:
illness or accident up to the maximum days accumulated under the provisions of the Collective Agreement;
a leave of absence up to thirty (30) calendar days, other than following sick leave per 8(a);
sabbatical leave;
maternity leave under the provisions of the Employment Standards Code (C.C.S.M. E110)
A teacher shall retain but not accrue seniority if the teacher is:
on leave of absence in excess of thirty (30) calendar days;
laid off for a period of time less than that set out in Article 10. (d) hereof;
absent because of illness or accident for more than the maximum number of days accumulated under the provisions of the Collective Agreement;
absent because the Division has granted more maternity leave than required by the Employment Standards Code (C.C.S.M. E110).
A laid off teacher shall lose seniority and the rights to further consideration for employment for any of the following reasons:
the teacher resigns;
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 year;
the teacher fails to return to work after the termination of any leave granted by the Division;
the teacher is not re-employed within one (1) calendar year after September 30th following the date of lay-off;
the teacher's contract is terminated for cause;
any teacher on the re-employment list who refuses to accept a position for which the Division has determined that the teacher has the necessary training, academic qualifications, or experience to perform the work in the positions offered shall forfeit all right of seniority and re-employment subject to the exception contained in (b) hereof. In circumstances as outlined in 10. (b), refusal to accept employment shall forfeit all claims to the position offered.
Definitions
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.
Academic Qualifications: Refers to the classification in which the teacher is placed by the Teachers' Certification and Records Branch of the Department of Education.
Experience: The practical application of the training over a period of time with respect to the particular subject or subjects.
In the event of a lay-off, the Division 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 that may be laid off and with a copy of the seniority list. The principal of each school that might be affected by possible lay-off would be notified.
Notice of lay-off and a copy of this policy shall be given to the teacher no later than the first day of May of the school year. The teacher, within ten (10) teaching days of receiving notice of a possible lay-off, shall indicate, in writing, his/her wish to be considered for re-employment, if said teacher is laid off.
If after lay-offs have occurred and for a period one calendar year after the 30th day of September following the date of lay-off, teachers who have been laid off and have given written notice that they wish to be recalled shall be offered the position first when positions become available provided such teachers have the necessary training or academic qualifications or experience for the positions available. Seniority with the Division 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 or academic qualifications or experience.
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 and a teacher who is recalled from lay- off shall be required to indicate within (6) teaching days of registration of same 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) teaching days following such notification unless by mutual agreement.
A teacher's accumulated sick leave credits shall not be affected if the teacher is recalled as provided in Article 14 above.
If the Division terminates the contract of a teacher because that teacher is surplus, the Division shall, at the request of the teacher, provide him/her with a letter to this effect.
Notwithstanding any provision of this policy the foregoing lay-off provisions shall not apply to teachers continuously employed under one (1) contract with the Division for less than one (1) year, or to teachers employed for a specific term where during that term the teacher is employed on the express written understanding that such teacher will not after the completion of such term be employed by the Division.