ARTICLE 6 - RIGHTS AND WORKING CONDITIONS

6.11: LAY OFF

1. Where it is determined by the Division that a lay-off is necessary and where natural attrition, transfers, 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 teachers having the least seniority identified in sufficient numbers to enable the Division to lay off the required number of teachers.

 

2. 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, academic qualifications, experience and the ability for a specific assignment.

 

3. The Division shall provide the Association with a seniority list and shall post the seniority list in each school in the Division prior to February 1^st of each year. Teachers shall have until February 28^th to protest, in writing, any alleged omission or incorrect listing to the Division. The seniority list as provided or amended must be certified prior to March 7^th by both parties in writing to be correct. Any protest shall be limited to changes that have occurred since the last certified listing.

 

4. 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;
2. Academic Qualifications - refers to the classification in which a teacher is placed by the Department
3. Experience - the practical application of training over a period of time with respect to the particular subject or subjects;
4. Ability - a teacher's demonstrated skill and competence to perform a particular teaching assignment satisfactorily and proficiently after having acquired the necessary training, academic qualifications and experience;

5. Seniority:

1. For the purposes of this article, seniority is defined to mean the length of continuous teaching experience from the date of last hire with the Division on a current individual employment contract, which shall be calculated from the first day the teacher was to begin actual teaching.

Notwithstanding the foregoing a teacher, who has been employed under one or more temporary contract(s) and is subsequently employed under a permanent contract, shall have his/her employment under both the temporary and permanent contracts deemed as continuous teaching service with the Division, provided that there was not an interruption of more than 20 instructional days between the subsequent contracts.

2. Where teachers have the same length of continuous equivalent teaching experience, the order of the seniority list shall be determined on the basis of total employment with the Division.

3. Where teachers have the same seniority as defined in (a) and (b) above, the order shall be determined on the basis of the total recognized teaching experience in Manitoba.

4. If the length of teaching experience as defined in (a), (b), and (c) is equal, the teacher to be declared surplus shall be determined by the Division.

5. A teacher will retain and accrue seniority if absent from work because of:

1. illness or accident up to the maximum days accumulated under the provision of the collective agreement;
2. a leave of absence of up to thirty (30) calendar days;
3. maternity, adoptive and/or parental leave under the provisions of the Employment Standards Code;

6. A teacher will retain but not accrue seniority if absent from work because of:

1. on leave of absence in excess of thirty (30 ) calendar days
2. laid off for a period of time less than that set out in this article
3. absent because of illness or accident for more than the maximum number of days accumulated under the provisions of the collective agreement
4. absent because the Division has granted more maternity, adoptive and/or parental leave than required by the Employment Standards Code

7. Without limiting the generality of the foregoing, a teacher shall lose seniority and rights to further consideration for employment for any of the following reasons:

1. the teacher resigns;
2. the teacher is employed by another school division as a full time teacher on a Form 2 or Teacher – General contract;
3. the teacher fails to return after the termination of any leave granted by the Division;
4. the teacher is not re-employed within one (1) calendar year after the September 30^th 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, experience and ability to perform the work in the position offered shall forfeit all right to seniority and re-employment;

A teacher who has lost seniority as a result of the application of this article   shall be notified as soon as possible that his/her teaching contract has been terminated.

8. 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 to be laid off.

9. Notice of lay-off shall be given to the teacher by registered letter no later than the fifteenth (15^th) day of May of any school year. The teacher, within twenty (20) teaching days of receiving notice of lay off, shall indicate, in writing by registered mail, his/her wish to be placed on the re-employment list. Notwithstanding anything else in this article, failure to respond within the time limit specified shall relieve the onus on the division for that teacher’s placement on the re-employment list and the teacher shall lose seniority.

10. If after layoffs have occurred and for a period of one calendar year after the 30^th day 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 positions, providing such teachers have the necessary training, qualifications, ability and experience for the position(s) available. Seniority with the division will be used to determine the order in which teachers on lay off are offered the available positions provided that the said teachers have the necessary training, qualifications and experience.

 

11. If a teacher is recalled as provided 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

12. 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.

13. Notwithstanding any other provision in this article, the foregoing lay off procedure shall not apply to teachers who have not completed more than (1) full school year of employment under contract with the division or to teachers employed on fixed term contract (Limited Term Teacher – General) where during that term the teacher is employed on the understanding that such teacher will not, after the completion of such term be employed by the Division;

Teachers under Limited Term Teacher – General contracts with less than one school year of employment shall have their contracts terminated by the Division if the Division finds itself in a layoff situation.

14. The Division may at its discretion, exempt a principal or vice-principal from the provision of this article in the case where the principal or vice-principal would be subject to lay off in accordance with the provisions of the article.