20. Lay Off Procedure
It is agreed that for the purposes of this Article the following terms shall have the following meanings:
(a) 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.
(b) Academic Qualification – Refers to the classification in which the teacher is placed by the Professional Certification and Student Records Unit of Manitoba Education and Advanced Learning.
(c) Experience – The practical application of the training over a period of time with respect to the particular subject or subjects.
(d) Ability of Teachers – 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.
(e) Continuous Employment – Employment with the Division from the date of hire under one or more successive regular or limited term contracts as long as there is no break in actual teaching service between contracts.
20.02 Where 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, the Board shall give first consideration to retaining teachers having the greatest length of service with the Division.
20.03 Notwithstanding the foregoing, the Board shall have the right to disregard the length of service of any teacher in the event of lay off, if such teacher does not have the necessary training, academic qualifications, experience and ability for a specific teaching assignment.
20.04 Seniority for the purposes of this Agreement is defined to mean the length of continuous employment within the Division.
20.05 Where teachers have the same length of employment with the Division, the order of the seniority list shall be determined on the basis of the total teaching experience with the Division as determined by Article 9.04.
20.06 Where teachers have the same seniority as defined in Articles 20.04, and 20.05 the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.
20.07 Where teachers have the same seniority as defined in Articles 20.04, 20.05, and 20.06 the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.
20.08 If the length of teaching experience as defined in Articles 20.04, 20.05, 20.06, and 20.07 is equal, the teacher to be declared surplus shall be determined by the Division.
20.09 The Division will maintain a seniority list which will:
- (a) Contain the names of all teachers with five (5) years or less of continuous employment as defined by ArticlE 20.01. The Division will endeavour to provide a list to include the names of teachers with more than five (5) years’ continuous employment.
- (b) Identify the designated seniority of the teacher on the basis of Articles 20.04, 20.05, 20.06 and 20.07 of this Collective Agreement.
- (c) Specify the date of commencement of employment for the purpose of Article 20.04.
- (d) Be posted in each school by February 1st of each year and a copy sent to the Association. The Association and/or the teacher shall be permitted to protest any alleged omission or incorrect listing until March 15th of that year. In the event of an omission or incorrect listing being brought to the Division’s attention after March 15th, the teacher so affected shall have the right to correct the list at the next posting.
- (e) Be sent to any teacher on leave whose name appears on that list at his/her last reported address. 20.10 In the event of a lay off, representatives of 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.
20.11 Notice of lay off and a copy of this clause shall be given to the teacher laid off no later than November 1st for lay off on December 31st, no later than two (2) months prior to the end of a semester for lay off at the end of that semester on or about January 31st, and no later than May 1st for lay off on June 30th. It is understood that lay offs will occur only on the aforementioned dates.
20.12 The teacher shall be placed on the recall list until June 30th of the school year in which he/she was laid off. To remain on the recall list beyond such date the teacher shall indicate in writing to the Division his/her wish to remain on the recall list. Failure to provide a written indication to the Division by June 30th shall relieve the onus on the Division for the teacher’s continued placement on the recall list.
20.13 If, after layoffs have occurred and for a period of one (1) calendar year after the 30th 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 the positions first, providing such teachers have the necessary training, academic qualifications, experience, and ability for the position available. Seniority with the Division 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, academic qualifications, experience, and ability.
It shall be the responsibility of the teacher to report to the Division by registered mail 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. A teacher who is recalled from lay off shall be required to indicate, notwithstanding any other time limits in this Collective Agreement, within six (6) days of the registered letter being received or within twenty (20) calendar days of the letter being sent, whichever occurs first, 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 notification of his/her intent to return unless by mutual agreement.
20.14 A teacher shall lose the right of recall for any of the following reasons:
- (a) The teacher resigns.
- (b) The teacher is employed by another School Division as a full-time teacher on a Form 2, or equivalent full-time contract, approved by the Minister, except those teachers who are employed full-time on such a contract for a limited term, not to exceed one (1) year.
- (c) The teacher fails to return to work after the termination of any leave granted by the Board.
- (d) The teacher is not recalled within one (1) calendar year after September 30th following the date of lay off.
- (e) The teacher’s contract is terminated for cause.
- (f) Any teacher on the recall list who refuses to accept a position for which the teacher has the necessary training, academic qualifications and ability to perform the work in the position offered subject to the exception contained in (b) hereof, shall forfeit all rights of recall.
A teacher who has lost his/her right of recall as a result of the application of this clause shall be notified as soon as possible that his/her teaching contract has been terminated.
20.15 A teacher’s accumulated sick leave credits will not be affected if the teacher is recalled as provided in Article 20.13 above.
20.16 Not withstanding any other provisions of this Agreement, the foregoing lay off provision shall not apply to a teacher continuously employed by the Board under an approved form of agreement for a full school year or less as defined by the Minister by regulation, or to a teacher employed on a limited term contract not to exceed one (1) school year where during that term the teacher is employed on the express written understanding that the teacher’s employment with the Board will cease at the end of such term; provided however, no teacher shall be laid off who has been employed by the Board under an approved form of agreement for more than one (1) full school year as defined by the Minister by regulation, where a teacher with a full school year or less of employment under an approved form of agreement or a limited term contract not to exceed one (1) school year has not been laid off, having regard to the necessary training, academic qualifications, experience and ability required for a specific teaching assignment of such teacher employed under a limited term contract or of a teacher continuously employed by the Board under an approved form of agreement for a full school year or less as defined by the Minister by regulation.