LORD SELKIRK TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2018/07/01 - 2022/06/30

ARTICLE 22 - LAY-OFF

22-1

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 affect the necessary reduction in staff, the Board shall give first consideration to retaining teachers having the greatest length of service with the Board.

22-2

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 and experience for a specific teaching assignment.

22-3 Definitions

  1. Training

Instruction received as preparation for the profession of teaching which instruction leads to the development of a particular skill or proficiency with respect to a particular subject or subjects.

 

  1. Academic Qualifications

Refers to the classification in which a teacher is placed by the Teachers' Certification and Records Branch of the Department of Education.

 

  1. Experience

The practical application of the training over a period of time with respect to the particular subject or subjects.

 

  1. Length of Teaching Service

The teacher's length of continuous employment with the Board commencing with the first teaching day after his or her most recent day of hiring with the Board.  Approved leaves of absences shall not constitute a break in continuity of service.

 

Effective January 1st, 1997 for teachers who are under one or more temporary contracts (Limited Term Teacher - General) with the Board prior to being placed on a permanent contract, the length of teaching service shall be continuous employment with the Board from the date of hire under one or more successive regular or temporary contracts provided there is no break in actual teaching service between contracts.

22-4

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 seniority list.  The meeting shall be held no later than the first day of April.

22-5

Notice of any lay-off shall be given to the teachers no later than the first day of May.

22-6

If after lay-offs have occurred and for a period of one (1) calendar year after the 30th 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.  Length of service with the Board 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.

22-7

If a teacher is recalled as provided in 22-6 above, the following will not be affected:

  1. accumulated sick leave
  2. seniority gained prior to being laid-off, but seniority shall not be accrued for the period of time of the lay-off.

22-8

A teacher shall lose seniority for any of the following reasons:

  1. The teacher resigns.
  2. The teacher becomes employed by another school board.
  3. The teacher fails to return to work after the termination of any leave granted by the Board.
  4. The teacher is not re-employed within one (1) calendar year after September 30 following the date of lay-off.
  5. The teacher's contract is terminated for cause.
  6. Any teacher on the re-employment 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 offered positions, shall forfeit all rights of seniority and re-employment.
  7. Notwithstanding any other provision of the agreement, the foregoing lay-off provisions shall not apply to teachers continuously employed under one contract with the Division for less than two (2) years, or to teachers employed for a specific term where, during that term, the teacher is employed on the express written understanding that the teacher will not, after the completion of such term, be employed by the Board, provided however, no teacher who has been employed by the Board for more than two years shall be laid-off where teachers with less than two years’ service or specific term contracts have not been laid-off.