Common use of Security of Employment Based on Seniority and Qualifications Clause in Contracts

Security of Employment Based on Seniority and Qualifications. a. When, for bona fide educational or budgetary reasons, the Board determines that it is necessary to reduce the total number of teachers employed by the Board, the teachers to be retained on the teaching staff of the District shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions available. b. The Board and the Association agree that the Board may, to implement the provisions of Article C.20.2.a, transfer a teacher to a different position or different school. It is further agreed that any reasonable transfer in good faith for such purpose shall not be subject to any other provision of this Agreement otherwise dealing with transfers. c. Nothing in paragraph Article C.20.2.a or C.20.2.b shall be taken to require the Board to transfer a teacher with greater seniority for the purpose of retaining on staff a teacher with less seniority than that teacher. d. The Board shall give each teacher it intends to terminate pursuant to this Article at least sixty (60) days notice in writing, such notice to be effective at the end of the school term (i. e. December 31st or June 30th, or in a school on a semester system, January 31st), and to contain the reason for termination, and a list of the teaching positions, if any, in respect to which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the Association. The requirement that the effective date of the notice be at the end of a school term does not apply where the Board makes an appointment to a position which is temporarily vacant due to leave of absence and which the Board reasonably believes will cease to be vacant at a time other than the end of the school term.

Appears in 4 contracts

Samples: Provincial Collective Agreement, Provincial Collective Agreement, Provincial Collective Agreement

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Security of Employment Based on Seniority and Qualifications. a. When, for bona fide educational or budgetary reasons, the Board determines that it is necessary to reduce the total number of teachers employed by the Board, the teachers to be retained on the teaching staff of the District shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions availableavailable as defined in Article C.20.2.a above. b. The Board and the Association agree that the Board may, may transfer teachers in order to implement the provisions of Article C.20.2.aC.20.3.a, transfer a teacher to a different position or different school. It is further agreed and agree that any reasonable transfer in good faith for such purpose shall not be subject to any other provision of this Agreement agreement otherwise dealing with transfers. c. Nothing in paragraph The Board shall refer all claims under Article C.20.2.a or C.20.2.b shall to the Qualifications Committee established under Article C.20.2.c. The procedures outlined in Article C.20.4(b) will be taken used to require rule on the Board to transfer a teacher with greater seniority for the purpose of retaining on staff a teacher with less seniority than that teacherclaim. d. The Board shall give each teacher it intends to terminate pursuant to this Article at least sixty layoff a minimum of thirty (6030) days notice calendar days' notice, in writing, such notice to be effective at the end of the school term (i. e. December 31st or June 30th, or in a school on a semester system, January 31st)term, and to contain the reason for termination, the layoff and a list of the teaching positions, if any, in respect to of which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the Association. (The requirement that the effective date of the notice be at the end of a school term does not apply is considered to be June 30th and December 31st, with the exception of North Peace Secondary School, and any other class on the semester system, where the Board makes an appointment to a position which is temporarily vacant due to leave end of absence and which the Board reasonably believes will cease to be vacant at a time other than term coincides with the end of the school termsemester). e. Where a teacher successfully appeals their layoff according to Article C.20.2.c, thus necessitating a further layoff, the Board may lay off the affected teacher without complying with the provision of Article C.

Appears in 4 contracts

Samples: Provincial Collective Agreement, Collective Agreement, Collective Agreement

Security of Employment Based on Seniority and Qualifications. a. When, for bona fide educational or budgetary reasons, the Board determines that it is necessary to reduce the total number of lay-off one or more teachers employed by the Boarddue to educational or budgetary reasons, the teachers to be retained on the teaching staff of the District shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions available. b. The Board and For the Association agree that purposes of this Article “lay-off” means the Board may, to implement the provisions lay-off of Article C.20.2.a, transfer a teacher on continuing contract and lay-off of a temporary contract teacher prior to a different position or different school. It is further agreed that any reasonable transfer in good faith for such purpose shall not be subject to any other provision the end of this Agreement otherwise dealing with transfersthe term of the contract providing service has been satisfactory. c. Nothing in paragraph Article C.20.2.a or C.20.2.b shall be taken to require the Board to transfer a teacher with greater seniority for the purpose of retaining on staff a teacher with less seniority than that teacher. d. The Board shall give each teacher it intends to terminate lay-off pursuant to this Article at least sixty (60) days notice of lay-off in writingwriting prior to May 15 or November 15, whichever date is nearest the intended date of lay-off, such notice to be effective at the end of the school term (i. e. June 30 and December 31st or June 30th31, or in a school on a semester system, January 31st)respectively, and to contain the reason for terminationthe lay-off, and a list of the teaching positionsassignments, if any, in respect to of which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the AssociationUnion. The requirement that the effective date of the notice be at the end of a school term does not apply where the Board makes an appointment to a position which is temporarily vacant due to leave of absence and which the Board reasonably believes will cease to be vacant at a time other than the end of the a school term.

Appears in 3 contracts

Samples: Local and Provincial Matters Agreement, Local and Provincial Matters Agreement, Local and Provincial Matters Agreement

Security of Employment Based on Seniority and Qualifications. a. When, for bona fide educational or budgetary reasons, the Board determines that it is necessary to reduce the total number of lay-off one or more teachers employed by the Boarddue to educational or budgetary reasons, the teachers to be retained on the teaching staff of the District shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions available. b. The Board and For the Association agree that purposes of this Article ―lay-off‖ means the Board may, to implement the provisions lay-off of Article C.20.2.a, transfer a teacher on continuing contract and lay-off of a temporary contract teacher prior to a different position or different school. It is further agreed that any reasonable transfer in good faith for such purpose shall not be subject to any other provision the end of this Agreement otherwise dealing with transfersthe term of the contract providing service has been satisfactory. c. Nothing in paragraph Article C.20.2.a or C.20.2.b shall be taken to require the Board to transfer a teacher with greater seniority for the purpose of retaining on staff a teacher with less seniority than that teacher. d. The Board shall give each teacher it intends to terminate lay-off pursuant to this Article at least sixty (60) days notice of lay-off in writingwriting prior to May 15 or November 15, whichever date is nearest the intended date of lay-off, such notice to be effective at the end of the school term (i. e. June 30 and December 31st or June 30th31, or in a school on a semester system, January 31st)respectively, and to contain the reason for terminationthe lay-off, and a list of the teaching positionsassignments, if any, in respect to of which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the AssociationUnion. The requirement that the effective date of the notice be at the end of a school term does not apply where the Board makes an appointment to a position which is temporarily vacant due to leave of absence and which the Board reasonably believes will cease to be vacant at a time other than the end of the a school term.

Appears in 3 contracts

Samples: Local and Provincial Matters Agreement, Local and Provincial Matters Agreement, Local and Provincial Matters Agreement

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Security of Employment Based on Seniority and Qualifications. a. When, for bona fide educational or budgetary reasons, the Board determines that it is necessary to reduce the total number of teachers employed by the Board, the teachers to be retained on the teaching staff of the District shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions available. b. The Board and the Association agree that the Board may, to implement the provisions of Article C.20.2.aC.3.2.a, transfer a teacher to a different position or different school. It is further agreed that any reasonable transfer in good faith for such purpose shall not be subject to any other provision of this Agreement otherwise dealing with transfers. c. Nothing in paragraph Article C.20.2.a C.3.2.a or C.20.2.b C.3.2.b shall be taken to require the Board to transfer a teacher with greater seniority for the purpose of retaining on staff a teacher with less seniority than that teacher. d. The Board shall give each teacher it intends to terminate pursuant to this Article at least sixty (60) days notice in writing, such notice to be effective at the end of the school term (i. e. December 31st or June 30th, or in a school on a semester system, January 31st), and to contain the reason for termination, and a list of the teaching positions, if any, in respect to which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the Association. The requirement that the effective date of the notice be at the end of a school term does not apply where the Board makes an appointment to a position which is temporarily vacant due to leave of absence and which the Board reasonably believes will cease to be vacant at a time other than the end of the school term.

Appears in 1 contract

Samples: Provincial Collective Agreement

Security of Employment Based on Seniority and Qualifications. a. When, for bona fide educational or budgetary reasons, the Board determines that it is necessary to reduce the total number of teachers employed by the Board, the teachers to be retained on the teaching staff of the District shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions availableavailable as defined in Article C.20.2.a above. b. The Board and the Association agree that the Board may, may transfer teachers in order to implement the provisions of Article C.20.2.aC.20.3.a, transfer a teacher to a different position or different school. It is further agreed and agree that any reasonable transfer in good faith for such purpose shall not be subject to any other provision of this Agreement agreement otherwise dealing with transfers. c. Nothing in paragraph The Board shall refer all claims under Article C.20.2.a or C.20.2.b shall to the Qualifications Committee established under Article C.20.2.c. The procedures outlined in Article C.20.4(b) will be taken used to require rule on the Board to transfer a teacher with greater seniority for the purpose of retaining on staff a teacher with less seniority than that teacherclaim. d. The Board shall give each teacher it intends to terminate pursuant to this Article at least sixty layoff a minimum of thirty (6030) days notice calendar days' notice, in writing, such notice to be effective at the end of the school term (i. e. December 31st or June 30th, or in a school on a semester system, January 31st)term, and to contain the reason for termination, the layoff and a list of the teaching positions, if any, in respect to of which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the Association. (The requirement that the effective date of the notice be at the end of a school term does not apply is considered to be June 30th and December 31st, with the exception of North Peace Secondary School, and any other class on the semester system, where the Board makes an appointment to a position which is temporarily vacant due to leave end of absence and which the Board reasonably believes will cease to be vacant at a time other than term coincides with the end of the school termsemester). e. Where a teacher successfully appeals his/her layoff according to Article C.20.2.c, thus necessitating a further layoff, the Board may lay off the affected teacher without complying with the provision of Article C.

Appears in 1 contract

Samples: Provincial Collective Agreement

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