The following procedures re: surplus teachers shall be applied to any teacher declared surplus.
Where it is determined by the Board that a lay-off is necessary and where natural attrition, transfers, sabbaticals and leave of absence do not affect the necessary reduction in staff, the Board shall give first consideration to retaining teachers having the greatest seniority.
Notwithstanding the foregoing, the Board shall have the right to disregard the seniority of any teacher in the event of a lay-off, if such teacher does not have the necessary training, academic qualifications, and/or experience for a specific teaching assignment.
3. 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;
Qualifications: Refers to the classification in which a teacher is placed by the Administration and Teacher Certification Branch of the Department of Education;
Experience: The practical application of the training over a period of time with respect to the particular subject or subjects;
For a purpose of identification of teachers having the least seniority on the basis of the criteria set out in five (5), the names of all teachers whose contract commenced on or after September 1, 1978 shall be placed on a list in the reverse order of seniority with those having the least seniority first. (If necessary, the list may be extended to include the names of teachers whose contract commenced prior to September 1, 1978). The Association shall be provided with a copy of the seniority list on or before October 15. The Association shall be permitted a period of 10 working days after receipt of such seniority list, to protest in writing any alleged omission or incorrect listing to the Secretary-Treasurer of the Board, but such protest shall be confined to errors or changes occurring subsequent to posting of the previous seniority list. In the event the Association does not file a written protest within the time stipulated, the list shall be deemed correct.
Seniority shall be determined on the basis of the following criteria:
the length of continuous teaching experience with the Division, including continuous term positions leading up to a Teacher General Contract.
where teachers have the same length of continuous experience with the Division, the order on the surplus teacher list shall be determined on the basis of total teaching experience with the Division.
where teachers have the same length of total teaching experience with the Division, the order on the surplus teacher list shall be determined on the basis of total recognized teaching experience in Manitoba.
where teachers have the same seniority as defined in a, b and c the order of seniority shall be determined on the basis of total recognized teaching experience.
if the length of teaching experience, as defined in a, b and c, and d is equal, the teacher to be declared surplus shall be determined by the Board.
for the purpose of this article, any approved leave of absence of one (1) school year or less duration, shall be deemed not to interrupt the continuity of service and shall be considered as teaching experience for seniority purposes but not for salary purposes.
an approved leave of absence in excess of one (1) school year, taken prior to September 1, 1985 shall be deemed not to interrupt the continuity of service and shall be considered as teaching experience for seniority purposes but not for salary purposes.
for the purposes of this article, any approved Leave of Absence in excess of one (1) school year, taken after September 1, 1985, shall be deemed not to interrupt the continuity of service, but the duration of such leave shall not be considered as teaching experience for seniority or salary purposes.
As soon as possible, but in any event not later than May 1, the Board will notify in writing, those teachers who have been identified as surplus and at the same time the local association shall be provided with a copy of the surplus teacher list. Each teacher shall be permitted a period of five (5) working days after receipt of such surplus teachers list to protest in writing, any alleged omission or incorrect listing to the Secretary Treasurer of the Board, but such protest shall be confined to errors or changes occurring subsequent to the posting of the previous surplus teachers list. In the event the teacher does not file a written protest with the Board within the time stipulated, the list shall be deemed correct.
Surplus teachers whose contracts have been terminated will be placed on a re-employment list. Teachers placed on the re-employment list shall be rehired in the reverse order of their seniority, if the teacher so affected has the necessary training, academic qualifications and/or experience to perform the work.
Loss of Recall Rights
A teacher who has been laid off shall lose recall rights for any of the following reasons:
the teacher resigns
the teacher becomes employed by another school division as a full time teacher on a Teacher General Contract, or equivalent full time contract approved by the Minister, except those teachers who are not 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 Board.
the teacher is not re-employed within one (1) calendar year after September 30th following the date of lay-off.
the teacher fails to comply with clause 9 of this article.
Any teacher on the re-employment list who refuses to accept a position for which the teacher has the necessary training, academic qualifications, and/or experience to perform the work under clause 7 subject to the exception contained in the 8 b) hereof, forfeits all rights of seniority re-employment.
Notice of re-call 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 seven (7) calendar days of such recall notice being received, then the teacher shall be withdrawn from the re-employment list and the Board shall recall the teacher next in line according to clause 7 of this article.
No new teachers may be hired by the Board to fill vacant positions while there are teachers on the re-employment list having the necessary training, academic qualifications, and/or experience required for those positions.
If the Board terminates the contract of a teacher because that teacher is surplus, the Board shall provide the teacher with a letter to this effect.
Notwithstanding any other provision of this agreement, the provisions of one (1) through 10 shall not apply to teachers where an agreement (Form 6 or 2) between the teacher and the Board has not been in effect for more than two (2) years with the Turtle Mountain School Division, or to teachers employed for less than one (1) school year on the express written understanding that the teacher will not, after the completion of such time, be employed by the Board. However, no teacher with tenure shall be laid off where a non-tenured teacher has not been laid off having regard to the necessary training, academic qualifications and/or experience required for specific teaching assignment of such non-tenured teacher.
If a teacher is recalled as provided in seven (7) above, the following will not be affected:
accumulated sick leave
seniority gained prior to being laid off, but seniority shall not be accrued for the period of time of the lay-off.