For purposes of this Article the following definitions will apply:
Instruction received as preparation for the profession of teaching that leads to the development of a particular skill or proficiency with respect to a particular subject or subjects.
Refers to the classification in which the teacher is placed by the Administration and Teacher Certification Branch of the Manitoba Department of Education.
The practical application of the training over a period of time with respect to the particular subject or subjects.
A contract whereby a teacher is hired to teach a specific subject, or subjects, for a specific term during all or any part of a school year.
When it is determined by the Board that a lay off is necessary and where natural attrition, transfers, sabbaticals and leaves of absence do not effect the necessary reduction in staff, a seniority list shall be developed as hereinafter provided. Such a list shall contain the names of those teachers having the least seniority identified in sufficient numbers to enable the Board to lay off the required number of teachers. The Association and the teacher shall be permitted a period of fifteen (15) teaching days after posting of such list to protest in writing to the Board any alleged omission or incorrect listing, but such protest shall be confined to errors in or changes occurring since the posting of the last seniority list.
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 or academic qualifications or experience for a specific teaching assignment.
Seniority for the purpose of this agreement is defined to mean the length of continuous teaching experience from the date of the last hire by the Division beginning with the first day of teaching thereafter within the Division.
For teachers employed by the former River East and Transcona-Springfield School Divisions on June 30th, 2002, the seniority effective July 1st, 2002 shall be the number of years of seniority of the teacher on June 30th, 2002 in the respective divisions.
Notwithstanding the foregoing, a teacher who has been employed under a Limited Term Teacher Contract (previously a Form 2A contract) and is subsequently employed under a Teacher General Contract (previously a Form 2 contract) shall have his/her employment under both the Limited Term Teacher Contract (previously a Form 2A) and Teacher General Contracts (previously a Form 2 contracts) deemed as continuous employment with the division.
The employment under a Limited Term Teacher Contract (previously a Form 2A contract) must normally occur immediately prior to, and be continuous with, the employment under the a Teacher General Contract (previously a Form 2 contract), except that the month of July, August and any other time a teacher is not required to teach as prescribed by law or regulation or a period of up to twenty teaching days between the last employment under a Limited Term Teacher Contract (previously a Form 2A contract) and subsequent employment under a Teacher General Contract (previously a Form 2 contract) shall not be considered as an interruption in continuous employment.
Where the teachers have the same length of continuous teaching experience, the order of the seniority list shall be determined on the basis of the total length of employment with the Division.
Where teachers have the same seniority as defined in 19.03, 19.04 and 19.05 the order of seniority shall be determined on the basis of total recognized experience in Manitoba.
Where teachers have the same seniority as defined in 19.03, 19.04, 19.05 and 19.06, the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.
If after the application of 19.03, 19.04, 19.05, 19.06 and 19.07 above the length of teaching experience as determined above is still equal, the teacher to be declared surplus shall be determined by the Division, after consultation with the Association.
A teacher will retain and accrue seniority if absent from work because of:
A teacher shall retain but not accrue seniority if the teacher is:
A laid off teacher shall lose seniority and the rights to further consideration for recall for any of the following reasons:
In the event of a 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 copy of the seniority list.
Notice of lay off shall be given to the teacher no later than the first day of May of the school year. The teacher, within ten (10) calendar days of receiving notice of lay off, shall indicate in writing, his/her wish to be placed on the recall list.
If after lay offs have occurred and for a period of one calendar year after the 30th of September following the date of lay off, teachers who have been laid off and have given written notice that they wish to be recalled shall be offered the position first when positions become available, provided such teachers have the necessary training or academic qualifications or 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 or academic qualifications or experience.
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 lay off shall be required to indicate within six (6) working days 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) calendar days following such notification unless by mutual agreement.
A teacher’s accumulated sick leave credits shall not be affected if the teacher is recalled as provided in subsection 19.14 above.
If the Board terminates the contract of a teacher because that teacher is laid off, the Board shall at the request of the teacher, provide him/her with a letter to this effect.
Notwithstanding any other provision of this agreement; the foregoing lay off provision shall not apply to teachers continuously employed under contract for an aggregate of less than ten teaching months of paid service, 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 an aggregate of ten teaching months of paid service under contract shall be laid off, where teachers with less than an aggregate of ten teaching months of paid service under contract or specific term contracts have not been laid off, having regard to the necessary training or academic qualifications or experience required for the specific teaching assignment of such teacher employed under a specific term contract or of the teacher continuously employed under this collective agreement with the division for less than an aggregate of ten teaching months of paid service under contract.
The Division shall publish a seniority list in every school by 30th November.