SWAN VALLEY TEACHERS' ASSOCIATION

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

ARTICLE 20: LAYOFF

  1. Where it is determined by the Board that a layoff is necessary and where natural attrition, transfers, sabbaticals and leaves of absence do not affect the necessary reduction in staff, the Board shall identify those teachers to be laid off according to the procedures set out below.

                                                                                               

  1. For the purpose of identifying the teachers to be laid off, first consideration will be given to seniority provided that the teacher has the qualifications, training and experience for a specific teaching assignment.

 

  1. The Board shall provide the Association with a seniority list and shall post the seniority list in each school in the Division prior to February 01 of each year.  Teachers shall have until February 28 to protest, in writing, any alleged omission or incorrect listing to the Board.  The seniority list as provided or amended must be certified prior to March 7 by both parties, in writing, to be correct.
  1. Definitions
  1. 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.

  1. Qualifications

Refers to the classification in which the teacher is placed by the Professional Certification and Student Records Unit of Manitoba Education, Citizenship and Youth.

  1. Experience

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

  1. Seniority

 

  1. The length of continuous teaching experience with the Division beginning with the first day of teaching within the Division. (Effective November 9, 2010).  For teachers who are under one or more temporary contracts (Limited Term Teacher - General) with the Division prior to being placed on a permanent contract, the length of teaching experience shall be continuous teaching experience with the Division 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. 
  2. Where the teachers have the same length of continuous teaching experience as defined in (D)(1), the order of the seniority list shall be determined on the basis of the total length of employment with the Division.
  3. Where teachers have the same seniority as defined in (1) and (2), the order of seniority shall be determined on the basis of  total recognized teaching experience in Manitoba.
  4. Where teachers have the same seniority as defined in (1), (2) and (3), the order of seniority shall be determined on the basis of total recognized teaching experience.
  5. If the length of teaching experience as defined in (1), (2), (3) and (4) is equal, the teacher to be declared surplus shall be                         determined by the Board.
  6. For the purpose of this article, an approved leave of absence of one (1) school year or less in duration shall not be deemed to interrupt the continuity of service and the duration of such leave shall be considered as teaching experience for seniority purposes, but not for salary purposes.
  7. For the purpose of this article, any approved leave of \absence in excess of one (1) school year shall not be deemed to interrupt the continuity of service, but the duration of such leave shall not be considered as teaching experience for seniority or salary purposes.
  8. A teacher who has been laid off shall lose recall rights for any of the following reasons:
  1. A teacher resigns.
  2. The teacher becomes employed by another school board as a regular full-time teacher on a Teacher-General Contract.
  3. The teacher is not reemployed within one (1) calendar year after September 30 following the date of layoff.

 

  1. In the event of a layoff, the Board shall meet with the Executive of the Association to discuss the implications of  the layoff and shall provide the Association with a list of teachers to be laid off.

 

  1. Notice of layoff shall be given to the teacher by registered letter no later than the fifteenth day of May.  The teacher, within twenty (20) teaching days of receiving notice of layoff, shall indicate, in writing by registered mail, his/her wish to be placed on the reemployment list.  Notwithstand- ing 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 reemployment list and the teacher shall lose seniority.

Notice of layoff must clearly direct the teacher’s attention to Paragraph F of Article 20 of this Agreement.  

 

  1. If after layoffs have occurred and for a period of one calendar year after the 30th day of September following the date of layoff, 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 qualifications and experience for the positions available. Seniority 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 qualifications and experience.

 

  1. If a teacher is recalled as provided in (G) 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 layoff.