- Where it is determined by the Division that a layoff is necessary and where natural attrition, transfers, sabbaticals and leaves of absence do not effect the necessary reduction in staff, the Division shall give first consideration to retaining teachers having the greatest seniority with the Division.
- Notwithstanding the foregoing, the Division shall have the right to disregard the seniority of any teacher and in the event of a layoff, if such teacher does not have the necessary training and/or academic qualifications and/or experience and/or ability for a specific teaching assignment.
- 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 a teacher is placed by the Professional Certification Branch of Manitoba Education
- Experience: The practical application of the training over a period of time with response to the particular subject or subjects.
- Ability: A teacher’s demonstrated skill and competence to satisfactorily and proficiently perform a particular assignment after having acquired the necessary training and/or academic qualifications and/or reasonably current experience.
- Seniority: It shall be determined as follows:
- the teacher’s continuous employment with the Division as defined in c)(6) of this article.
- where teachers have the same length of continuous employment with the Division, the length of teaching service shall be determined on the basis of total length of employment with the Division.
- where teachers have the same length of service as in (ii), the length of teaching experience shall be determined on the basis of total teaching employment in Manitoba
- where teachers have the same length of service as in (iii) above, the length of teaching service shall be determined on the basis of total teaching service recognized by the Professional Certification Branch of Manitoba Education.
- if the length of teaching service as in (iv) above is equal, the order of the teachers’ listing on the seniority list shall be determined by the Division.
- Continuous Employment With The Division: The teacher’s continuous employment with the Division including employment with Morris Macdonald, Red River and Red River Valley School Divisions from the date of hire under one (1) or more successive regular or temporary contracts as long as there is no break in actual teaching service between contracts.
- A teacher shall retail and accrue seniority if absent from work because of:
* an approved leave of absence up to two (2) years of consecutive leave at any one time, or
**an approved leave of greater than two (2) years as may be mutually agreed upon, for compassionate reasons, by the Superintendent and the Association
- A teacher shall retain but not accrue seniority if the teacher is:
*on an approved leave of absence for a period greater than two (2) consecutive years, with the exception of the provisions outlined in this article
**laid off for a period of time less than that set out in (j) 4 of this article
- Regular Contract: Form 2 or any other similar or subsequent form approved by the Minister of Education for the continuous employment of teachers.
- Temporary Contract: Form 2A or any other similar or subsequent form approved by the Minister of Education for the temporary employment of teachers.
- The Division shall maintain a seniority list showing the date upon which each employee’s service commenced and the total length of service for the purpose of determining seniority. Such list shall be posted in each school by January 1st of each school year and a copy shall be sent to the Association. The Association and/or the teacher shall be permitted to protest any alleged omission or incorrect listing until January 31st of that year. In the event of an omission or incorrect listing being brought to the Division’s attention after January 31st, the teacher shall be permitted to protest any alleged omission or incorrect listing at the next scheduled posting of the list.
- In the event of a layoff, the Division shall meet with the Executive of the Association thirty-one (31) days prior to the notification of layoff to discuss the implications of the layoff and shall provide the Association with a list of teachers to be laid off.
- Notice of layoff shall be given to the teacher by registered mail no later than the first (1st) day of May of the school year. The Division shall place the teacher’s name on the recall list.
- If after layoffs have occurred and for a period of one (1) calendar year after the 30th day of September following the date of the layoff, teachers who have been laid off shall be offered the position first when positions become available, provided such teachers have the necessary training and/or academic qualifications and/or experience and/or ability for the positions available. Seniority with the Division shall 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 and/or academic qualifications and/or experience and/or ability.
- 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 layoff shall be required to indicate within fourteen (14) working days from the receipt 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) working days following such notification unless by mutual agreement.
- If a teacher is recalled as provided in (g) of this article, the following shall not be affected:
- Accumulated sick leave gained prior to being laid off, but sick leave shall not be accrued for the period of the layoff;
- Seniority
- A 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 (1) year;
- The teacher fails to return to work after the termination of any leave granted by the Division;
- The teacher is no re-employed within one (1) calendar year after September 30th following the date of layoff;
- The teacher’s contract is terminated for cause;
- Any teacher on the re-employment list who refuses to accept a position, determined by the Division, for which the teacher has the necessary training and/or academic qualifications and/or experience and/or ability to perform the work offered, shall forfeit all right of seniority and re-employment subject to the exception contained in i(2) hereof. In circumstances as outlined in i(2) of this article, refusal to accept employment shall forfeit all claims to the position offered.
- If the Division terminates the contract of any teacher because that teacher is surplus, the Division shall, at the request of the teacher, provide the teacher with a letter to that effect.
- Notwithstanding any other provisions of this article, the foregoing layoff 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 the 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. In case of layoff, these teachers will be declared redundant first.