In attempting to anticipate the development of redundant positions, the Seven Oaks School Board shall provide the Seven Oaks Teachers' Association with forecasts on enrolments and teacher requirements.
No teacher shall be laid off until the Seven Oaks School Board in consultation with the Seven Oaks Teachers' Association has assessed possible alternatives affecting lay-off. These alternatives could include leaves, attrition, transfer, sabbaticals, job sharing, staffing ratios.
Where it is determined by the Board in consultation with the Seven Oaks Teachers' Association, that a lay-off is necessary, the criterion the Board shall use in releasing teachers shall be seniority in the division except in those special circumstances when the Board, having explained the situation to the Seven Oaks Teachers' Association and seriously considered its response, decides that this procedure is contrary to the special projects or needs of the Division.
Those teachers having least seniority in the division as listed in No. 5 below shall be identified in sufficient numbers to enable the Board no later than May 15th to identify the teachers to be laid off.
For purposes of identifying staff, the Board shall make available to the Seven Oaks Teachers' Association in January of any given year, a list of teachers whose contract commenced within the last three years.
Seniority shall be determined on the basis of the following criteria:
The length of continuous employment, full or part-time, with the Division from the first date of hire.
Where teachers have the same length of employment with the Division, the order on the "teacher lay-off" list shall be determined on the basis of total recognized teaching experience.
If the length of teaching experience is equal as defined in a) and b), the teacher to be dismissed shall be determined by the Board.
For the purpose of this Article any approved leave of absence shall not be deemed to interrupt the continuity of service and the duration of such leave shall be considered as experience for seniority purposes but not salary purposes.
If a teacher's position becomes redundant in a subject area, seniority shall be recognized by the teacher's being provided with the opportunity of transferring to another subject area or grade level within the same school, or to another school in the Division.
No later than May 15th, the Board shall notify in writing those teachers who have been identified for lay-off. (The Seven Oaks Teachers' Association will receive a copy of the letter.) Each teacher shall be permitted a period of ten (10) days after the receipt of said lay-off notice to protest in writing any alleged omission or incorrect listing, upon which the lay-off was based, to the Board. Such protest shall be confined to errors or changes occurring subsequent to the publication of the current seniority list the previous January. In the event the teacher does not file a written protest with the Board within the time stipulated, the list shall be deemed correct.
A teacher shall lose seniority for any of the following reasons:
The teacher resigns.
The teacher fails to return to work after the termination of any leave granted by the employer.
The teacher is not re-employed within two (2) calendar years after September 30th following the date of the lay-off period.
The teacher's contract is terminated for cause.
Laid-off teachers shall be placed on a re-employment list. Teachers placed on the re-employment list shall be rehired in the order of their seniority, if the teacher so affected has the qualifications to perform the work.
Any teacher on the re-employment list who refuses to accept a position for which the teacher has the qualifications to perform the work stipulated in 10 above, shall be by-passed and the position shall be offered to the next teacher on the re-employment list.
Notice of recall to a teacher who has been placed on the re-employment list shall be made by registered mail to the last known address of the teacher filed by the teacher. If the teacher fails to reply within ten (10) calendar days of such recall notice, then the teacher shall be by-passed, and the Board shall recall the teacher next in line according to number above.
No new teachers may be hired by the Board to fill vacant positions while there are teachers on the lay-off list having the qualifications required for those positions.
Teachers on the re-employment list shall be responsible for informing the Board of their availability for vacant positions.
If the Board terminates the contract of a teacher, because that position is redundant, the Board shall at the request of the teacher provide the teacher with a letter to this effect.