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

Security of Employment Based on Seniority and Qualifications. a. For the purposes of Article C.21, “termination”, “layoff” and “reduction in total number,” includes termination of teachers on continuing contracts and temporary teachers prior to the end of the term of the contract. b. When for a bona fide educational or budgetary reasons the Board determines that it is necessary to reduce the total number of teachers employed by the district, or to eliminate or reduce the level of educational programs, the teachers to be retained on the teaching staff of the district shall be those who have the greatest seniority, subject to the provision that they possess the necessary qualifications for the positions available. Transfers from one program or school to another may be initiated by the Board to facilitate the application of seniority provided the transferred teacher possesses the necessary qualifications and/or experience. c. The Board shall give each teacher it intends to layoff, pursuant to Article C.21, a minimum of thirty (30) calendar days’ notice in writing. Xxxxxx notices will be issued on: i. any working day between, and including, September 1 and October 5; or ii. the fifth (5th) day after the Board receives its Final Budget Revenue from the Ministry of Education; or iii. any working day between, and including, February 1 and March 1; or iv. a minimum of at least thirty (30) calendar days prior to June 30, to be effective for June 30. d. If a teacher has been declared surplus in their school and there is no vacancy in that teacher’s area of qualification within their community of residence; i. The surplus teacher shall be assigned to the position held by the least senior teacher in the community who holds a position for which the surplus teacher is qualified, and ii. The position to which the senior teacher is transferred must be an appointment equal to, or greater than, the percentage (%) of time of the appointment that they held prior to the transfer. e. If teachers with continuing contracts remain unplaced because there are no available positions for which they are qualified, the Board may lay off the teacher in the district with the least seniority who is holding a position for which the senior teacher has the necessary qualifications so that the teacher placed in the job is the more senior and the teacher laid off is the least senior in the district. f. Where a successful appeal necessitates a subsequent layoff, the layoff notice will contain the reason for the layoff and a list of teaching positions for which a teacher with less seniority was retained. The Board shall concurrently forward a copy of such notice to the Union.

Security of Employment Based on Seniority and Qualifications. a. For the purposes of Article C.21When, “termination”, “layoff” and “reduction in total number,” includes termination of teachers on continuing contracts and temporary teachers prior to the end of the term of the contract. b. When for a bona fide educational or budgetary reasons the Board determines that it is necessary to reduce the total number of teachers employed by the district, or to eliminate or reduce the level of educational programslay off a teacher, the teachers to be retained on the teaching staff of the district shall be those who have the greatest seniority, subject to the provision provided that they possess the necessary qualifications for the positions available. b. The Superintendent of Schools may assign and reassign teachers to positions on the teaching staff of the school district by giving at least seven (7) days' notice in writing of the reassignment to the teachers. Transfers from one program The Board and Association agree that the Board may use this power to implement the provisions of Article C.5.2.a, and agree 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. The provisions of Article E.14.1.c and E.14.1.d (Transfers) shall apply. c. Nothing in Article C.5.2.a or school C.5.2.b shall be taken to another may be initiated by require the Board to facilitate transfer a teacher with greater seniority for the application purpose of retaining on staff a teacher with less seniority provided the transferred teacher possesses the necessary qualifications and/or experiencethan that teacher. c. d. The Board shall give each teacher it intends to layoff, layoff pursuant to Article C.21this Article, a minimum of thirty (30) calendar days’ notice in writing. Xxxxxx notices will be issued on: i. any working day between, and including, September 1 and October 5; or ii. the fifth (5th) day after the Board receives its Final Budget Revenue from the Ministry of Education; or iii. any working day between, and including, February 1 and March 1; or iv. a minimum of at least thirty (30) calendar days as soon as is possible prior to June 30, to be effective for June 30. d. If a teacher has been declared surplus in their school and there is no vacancy in that teacher’s area of qualification within their community of residence; i. The surplus teacher shall be assigned to the position held by the least senior teacher November 30 in the community who holds a position for which the surplus teacher is qualified, and ii. The position to which the senior teacher is transferred must be an appointment equal to, or greater than, the percentage (%) of time of the appointment that they held prior to the transfer. e. If teachers with continuing contracts remain unplaced because there are no available positions for which they are qualified, the Board may lay off the teacher fall term and May 31 in the district with the least seniority who is holding a position for which the senior teacher has the necessary qualifications so that the teacher placed in the job is the more senior and the teacher laid off is the least senior in the district. f. Where a successful appeal necessitates a subsequent layoffspring term, the layoff such notice will to contain the reason for the layoff and a list of teaching positions for positions, if any, in respect to which the Board proposes to retain a teacher with less seniority was retainedseniority. The Board shall concurrently forward a copy of such notice to the UnionAssociation. 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 and which the Board reasonably believes will cease to be vacant at a time other than the end of a school term. e. Should a decision under Article A.6 (Grievance Procedure) result in fewer teacher appointments being laid off than specified above by the Board in accordance with Article C.5.2.a and C.5.2.d, then the Board may within ten (10) days of the decision, layoff additional teacher appointments. The number of additional appointments terminated shall not exceed the original number of teacher layoffs that occurred in Article C.5.2.a and C.5.2.d. Note: See also Local Memorandum of Agreement “Implementation of Article E.14.1 Transfer Initiated to the District.”

Security of Employment Based on Seniority and Qualifications. a. For the purposes of Article C.21, “termination”, “layoff” and “reduction in total number,” includes termination of teachers on continuing contracts and temporary teachers prior to the end of the term of the contract. b. When for a bona fide educational or budgetary reasons the Board determines that it is necessary to reduce the total number of teachers employed by the district, or to eliminate or reduce the level of educational programs, the teachers to be retained on the teaching staff of the district shall be those who have the greatest seniority, subject to the provision that they possess the necessary qualifications for the positions available. Transfers from one program or school to another may be initiated by the Board to facilitate the application of seniority provided the transferred teacher possesses the necessary qualifications and/or experience. c. The Board shall give each teacher it intends to layoff, pursuant to Article C.21, a minimum of thirty (30) calendar days’ days‟ notice in writing. Xxxxxx Layoff notices will be issued on: i. any working day between, and including, September 1 and October 5; or ii. the fifth (5th) day after the Board receives its Final Budget Revenue from the Ministry of Education; or iii. any working day between, and including, February 1 and March 1; or iv. a minimum of at least thirty (30) calendar days prior to June 30, to be effective for June 30. d. If a teacher has been declared surplus in their his/her school and there is no vacancy in that teacher’s teacher‟s area of qualification within their his/her community of residence; i. The surplus teacher shall be assigned to the position held by the least senior teacher in the community who holds a position for which the surplus teacher is qualified, and ii. The position to which the senior teacher is transferred must be an appointment equal to, or greater than, the percentage (%) of time of the appointment that they he/she held prior to the transfer. e. If teachers with continuing contracts remain unplaced because there are no available positions for which they are qualified, the Board may lay off the teacher in the district with the least seniority who is holding a position for which the senior teacher has the necessary qualifications so that the teacher placed in the job is the more senior and the teacher laid off is the least senior in the district. f. Where a successful appeal necessitates a subsequent layoff, the layoff notice will contain the reason for the layoff and a list of teaching positions for which a teacher with less seniority was retained. The Board shall concurrently forward a copy of such notice to the Union.

Security of Employment Based on Seniority and Qualifications. a. For the purposes of Article C.21this Article, “termination”, “layoff” and “reduction in total number,” ”, includes termination of teachers on continuing contracts and temporary teachers prior to the end of the term of the contract. b. When for a bona fide educational or budgetary reasons the Board determines that it is necessary to reduce the total number of teachers employed by the district, or to eliminate or reduce the level of educational programs, the teachers to be retained on the teaching staff of the district shall be those who have the greatest seniority, subject to the provision that they possess the necessary qualifications for the positions available. Transfers from one program or school to another may be initiated by the Board to facilitate the application of seniority provided the transferred teacher possesses the necessary qualifications and/or experience. c. The Board shall give each teacher it intends to layoff, pursuant to Article C.21this Article, a minimum of thirty (30) calendar days’ notice in writing. Xxxxxx Layoff notices will be issued on: i. any working day between, and including, September 1 and October 5; or ii. the fifth (5th) day after the Board receives its Final Budget Revenue from the Ministry of Education; or iii. any working day between, and including, February 1 and March 1; or iv. a minimum of at least thirty (30) calendar days prior to June 30, to be effective for June 30. d. If a teacher has been declared surplus in their his/her school and there is no vacancy in that teacher’s area of qualification within their his/her community of residence; i. The surplus teacher shall be assigned to the position held by the least senior teacher in the community who holds a position for which the surplus teacher is qualified, and ii. The position to which the senior teacher is transferred must be an appointment equal to, or greater than, the percentage (%) of time of the appointment that they he/she held prior to the transfer. e. If teachers with continuing contracts remain unplaced because there are no available positions for which they are qualified, the Board may lay off the teacher in the district with the least seniority who is holding a position for which the senior teacher has the necessary qualifications so that the teacher placed in the job is the more senior and the teacher laid off is the least senior in the district. f. Where a successful appeal necessitates a subsequent layoff, the layoff notice will contain the reason for the layoff and a list of teaching positions for which a teacher with less seniority was retained. The Board shall concurrently forward a copy of such notice to the Union.