Common use of Surplus Clause in Contracts

Surplus. a) Teachers shall be declared surplus to their school in reverse order of seniority provided that the remaining Teachers are qualified to perform the remaining assignments. Teachers surplus to their school as of January 31st shall be notified no later than December 1st and teachers surplus to their school as of June 30th shall be notified no later than May 15th. b) Teachers declared surplus to their school shall be offered a position in another school within their region provided they are qualified to assume the assignment of a less senior Teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. c) A Teacher displaced in accordance with Paragraph (b) above shall be declared surplus and shall be assigned, if possible, in accordance with that paragraph. d) A Teacher who has been declared surplus to his/her school and who is not able to displace a less senior Teacher in accordance with Paragraph (b) shall be declared surplus to his/her region. e) A Teacher who is declared surplus to his/her region shall be offered a position in a school in another region provided that he/she is qualified to assume the assignment of a less senior teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. f) A Teacher who has been displaced in accordance with Paragraph (e) or who is not able to displace a less senior teacher in accordance with that paragraph or who has refused an offered position shall be laid off. Teachers will have two (2) school days to decide whether or not to accept an offered position. g) A Teacher transferring to a different school or region in accordance with the above or an individual who elects to remain at his/her home school less than 1.0 FTE and be on recall for the remainder of his/her FTE assignment, will be given preference, in accordance with Article 15.0 (Vacancies & Transfers), for a transfer back to their original school or region for a period of thirty-six (36) months following their transfer. (Surplus teachers who transferred effective September 1, 1998 shall be given preference until June 30, 2001.)

Surplus. a) Teachers shall be declared surplus to their school in reverse order of seniority provided that the remaining Teachers are qualified to perform the remaining assignments. Teachers surplus to their school as of January December 31st shall be notified no later than December 1st November 15th and teachers surplus to their school as of June 30th shall be notified no later than May 15th. b) Teachers declared surplus to their school shall be offered a position in another school within their region provided they are qualified to assume the assignment of a less senior Teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. c) A Teacher displaced in accordance with Paragraph (b) above shall be declared surplus and shall be assigned, if possible, in accordance with that paragraph. d) A Teacher who has been declared surplus to his/her school and who is not able to displace a less senior Teacher in accordance with Paragraph (b) shall be declared surplus to his/her region. e) A Teacher who is declared surplus to his/her region shall be offered a position in a school in another region provided that he/she is qualified to assume the assignment of a less senior teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. f) A Teacher teacher who has been displaced in accordance with Paragraph (e) or who is not able to displace a less senior teacher in accordance with that paragraph or who has refused an offered position shall be laid off. Teachers will have two (2) school days to decide whether or not to accept an offered position. g) A Teacher teacher transferring 1.0 FTE to a different school or region in accordance with the above or an individual who elects to remain at his/her home school less than 1.0 FTE and be on recall for the remainder of his/her FTE assignment, will be given preference, in accordance with Article 15.0 (Vacancies & Transfers), for a transfer back to their original school or region for a period of thirty-six (36) months following their transfer. (Surplus teachers who transferred effective September 1, 1998 shall be given preference until June 30, 2001.)

Surplus. a) Teachers shall be declared surplus to their school in reverse order of seniority provided that the remaining Teachers are qualified to perform the remaining assignments. Teachers surplus to their school as of January December 31st shall be notified no later than December 1st November 15th and teachers surplus to their school as of June 30th shall be notified no later than May 15th. b) Teachers declared surplus to their school shall be offered a position in another school within their region provided they are qualified to assume the assignment of a less senior Teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. c) A Teacher displaced in accordance with Paragraph (b) above shall be declared surplus and shall be assigned, if possible, in accordance with that paragraph. d) A Teacher who has been declared surplus to his/her school and who is not able to displace a less senior Teacher in accordance with Paragraph (b) shall be declared surplus to his/her region. e) A Teacher who is declared surplus to his/her region shall be offered a position in a school in another region provided that he/she is qualified to assume the assignment of a less senior teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. f) A Teacher teacher who has been displaced in accordance with Paragraph (e) or who is not able to displace a less senior teacher in accordance with that paragraph or who has refused an offered position shall be laid off. Teachers will have two (2) school days to decide whether or not to accept an offered position. g) A Teacher teacher transferring to a different school or region in accordance with the above or an individual who elects to remain at his/her home school less than 1.0 FTE and be on recall for the remainder of his/her FTE assignment, will be given preference, in accordance with Article 15.0 16.0 (Vacancies & Transfers), for a transfer back to their original school or region for a period of thirty-six (36) months following their transfer. (Surplus teachers who transferred effective September 1, 1998 shall be given preference until June 30, 2001.)

Surplus. (a) Teachers shall Should it become necessary to declare a position surplus because the programming needs at a school have changed due to a specific student moving to another location, the Educational Assistant who has most frequently assisted that student will have the option of being transferred to the student’s new location, provided this does not cause a displacement of Employees at the new location and the assignment is the same FTE, or of remaining at his/her location subject to the surplus procedure. Similarly, should a congregated Special Education Program which includes Educational Assistants be moved from one location to another, the Educational Assistants so affected will have the option of moving with that Program to the new location or be subject to the surplus procedure. (b) When a position is declared surplus and thee is more than one (1) Employee in that job classification at that school/department, the displacement will be as follows: (i) If the surplus position is less than full-time, the most junior part- time Employee at the location will be displaced. (ii) If there are no part-time Employees, then the most junior full-time Employee in that job classification at that location will have his/her status reduced. The affected Employee may elect to reduce to part-time and seek an additional part-time position or be declared surplus. (iii) If the surplus position is a full-time position, the most junior full-time Employee in that job classification at that location will be declared surplus regardless if there is a part-time Employee with less seniority at that location. (iv) The Parties may agree that it is necessary to their school retain the most junior Employee in reverse order of seniority i), ii) or iii) above due to exceptional circumstances resulting in a student’s needs being significantly affected. (v) When a position is declared surplus at a location any Employee at that location may opt to be displaced rather than declaring the most junior Employee surplus, provided that the remaining Teachers are qualified Employees have the skill, ability and qualifications necessary to perform the remaining assignmentsrequired work. Teachers surplus Any Employee opting to their school as of January 31st shall be notified no later than December 1st and teachers surplus to their school as of June 30th shall be notified no later than May 15thdisplaced must inform the Supervisor within twenty-four (24) hours in writing. b(vi) Teachers declared surplus The displaced Employee(s) can displace the most junior Employee if the displaced Employee(s) has the skill, ability and qualifications to their school shall be offered perform the required work. (c) Should a position in another school within their region provided they are qualified to assume the assignment of a less senior Teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. c) A Teacher displaced in accordance with Paragraph (b) above shall be declared surplus and during the school year, the affected Employee shall be assignedplaced on a temporary basis into any vacant position which would include those currently filled by temporary Employees as long as the Employee has the skill, if possible, in accordance with that paragraphability and qualifications to fill the job. There will be no displacement of permanent Employees unless there are no available vacant positions for which the affected Employee is qualified for or unless it is outside of the Employee’s former Board boundaries. (d) A Teacher who The surplus Employee will be required to apply through the posting process specified in Article 15.02 in order to secure a permanent assignment. (e) Should an Employee remain without a permanent placement following the posting process, the Employee will be placed in a subsequent vacancy provided the Employee has the skill, ability and qualifications to perform the required duties. (f) Once an Employee has been declared surplus to displaced from his/her school work site and who is not able to qualifies for displacement rights, the Employee may displace a less senior Teacher the most junior Employee in accordance with Paragraph (b) shall be declared surplus to his/her region. e) A Teacher who is declared surplus to his/her region shall be offered a position in a school in another region provided that he/she is qualified to assume the assignment of a less senior teacher. Where same classification or lower classification for which the surplus Teacher Employee has the skill, ability and qualifications to assume perform the assignment of more than one less senior Teacher, he/she shall be offered required work in: (i) the position Employee’s predecessor Board boundaries of the least senior Teacher.Employee’s work site; f(ii) A Teacher who has been displaced in accordance with Paragraph the predecessor Board boundaries of the Employee’s residence; or (eiii) or who is not able to displace a less senior teacher in accordance with that paragraph or who has refused an offered position shall be laid off. Teachers will have two (2) school days to decide whether or not to accept an offered position. g) A Teacher transferring to a different school or region in accordance with the above or an individual who elects to remain at his/her home school less than 1.0 FTE and be on recall for the remainder of his/her FTE assignment, T.V.D.S.B. - Board Wide The resulting surplus Employees will be given preference, in accordance with Article 15.0 (Vacancies & Transfers), for a transfer back to their original school or region for a period of thirtylaid-six (36) months following their transfer. (Surplus teachers who transferred effective September 1, 1998 shall be given preference until June 30, 2001off.)

Surplus. a) Teachers 13.01 The Board shall be declared surplus to their determine the elementary school in reverse order of seniority provided that staffing needs for the remaining Teachers are qualified to perform the remaining assignments. Teachers surplus to their school as of January 31st shall be notified no later than December 1st and teachers surplus to their school as of June 30th shall be notified upcoming year no later than May 15th1. In the event that grant funding is not available prior to May 1st, the parties agree to extend the date herein by mutual consent. b) 13.02 When, after considering all of the attrition factors, the Board deems that the number of Teachers declared surplus to their school presently exceeds the number of Teachers required for the upcoming year, the Board shall be offered inform the Local President of ETFO of the number of excess Teachers and provide enrolment projections for reaction within a position in another school within their region provided they are qualified to assume the assignment of a less senior Teacher. Where 5-day period. 13.03 The Board will ensure that the surplus Teacher has or Teachers are the qualifications to assume most junior Teacher or Teachers on the assignment of more than one less senior Teacher, he/she shall be offered Seniority List within a zone and the position of the least senior Teacher. c) A Teacher displaced decision is in accordance with Paragraph (b) above shall be declared surplus the Operation of Schools - General and shall be assigned, if possible, in accordance with that paragraphthe Education Act. d) 13.04 The Director of Education or designate will notify the Local President of ETFO and the Teacher or Teachers identified as surplus on or before May 15th. This notification shall take place at the end of the instructional day. 13.05 A Teacher who has been declared surplus may be transferred to his/her school and who is not able to displace a less senior Teacher in accordance with Paragraph (b) shall be declared surplus to his/her region. e) A Teacher who is declared surplus to his/her region shall be offered a vacant position in a school in another region provided that for which he/she is qualified, or if not qualified, agrees to become qualified for the new position within 1 year of appointment. 13.06 Surplus Teachers may decline up to assume the assignment three positions as they become available. All surplus Teachers will be notified in writing of a less senior teacheravailable positions. Where Should the surplus Teacher decline all three positions the surplus Teacher will be placed on leave. Such surplus Teacher shall have the option of applying for internal positions as they become available for up to two years. 13.07 With due consideration to school programming, a surplus Teacher who has the qualifications returned to assume the assignment of more than one less senior Teacher, he/she shall be offered the a position of lesser FTE will be extended the least senior opportunity to increase the surplus Teacher’s FTE to the level the surplus Teacher was at previously as vacancies occur prior to such vacancies being posted internally. f) 13.08 As a result of declaring a Teacher redundant in the system, a need for a transfer of a Teacher may result. Transfers will continue to be handled by Senior Administration with minimum changes to the educational system. 13.09 A Teacher who has been displaced transferred because of surplus or redundancies in accordance with Paragraph (e) or who is not able the system will be given priority to displace a less senior teacher in accordance with that paragraph or who has refused an offered position shall be laid off. Teachers will have two (2) school days transfer back to decide whether or not to accept an offered position. g) A Teacher transferring to a different school or region in accordance with the above or an individual who elects to remain at his/her home school less than 1.0 FTE and be on recall for original area if an opening subsequently occurs provided he/she applies to the remainder of his/her FTE assignment, will be given preference, in accordance with Article 15.0 (Vacancies & Transfers), Board for a transfer back to their original by January 1 of the current school or region for a period year. In the situation of thirty-six (36) months following their transfer. (Surplus teachers who transferred effective September 1more than one Teacher being eligible, 1998 seniority shall be given preference until June 30, 2001apply.)

Surplus. (a) Teachers shall Should a congregated Special Education Program which includes Educational Assistants/Instructional Assistants be moved from one location to another, the Educational Assistants/Instructional Assistants, will have the option of moving with that Program to the new location or be subject to the surplus procedure. (b) When a position is declared surplus and there is more than one (1) Employee in that job classification at that school/department, the displacement will be as follows: (i) If the surplus position is less than full-time, the most junior part- time Employee at the location will be displaced. (ii) If there are no part-time Employees, then the most junior full- time Employee in that job classification at that location will have their status reduced. The affected Employee may elect to reduce to part-time and seek an additional part-time position or be declared surplus. (iii) If the surplus position is a full-time position, the most junior full- time Employee in that job classification at that location will be declared surplus regardless if there is a part-time Employee with less seniority at that location. (iv) The Parties may agree that it is necessary to their school retain the most junior Employee who has specific skills or qualifications which are required to fulfill the job requirements in reverse order of seniority i), ii) or iii) above due to exceptional circumstances resulting in a student’s needs being significantly affected. (v) When a position is declared surplus at a location any Employee at that location may opt to be displaced rather than declaring the most junior Employee surplus, provided that the remaining Teachers are qualified Employees have the skill, ability and qualifications necessary to perform the remaining assignmentsrequired work. Teachers surplus Any Employee opting to their school as of January 31st shall be notified no later than December 1st and teachers surplus to their school as of June 30th shall be notified no later than May 15thdisplaced must inform the Supervisor within twenty-four (24) hours in writing. b(vi) Teachers declared surplus The displaced Employee(s) can displace the most junior Employee if the displaced Employee(s) has the skill, ability and qualifications to their school shall be offered perform the required work. (c) Should a position in another school within their region provided they are qualified to assume the assignment of a less senior Teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. c) A Teacher displaced in accordance with Paragraph (b) above shall be declared surplus and during the school year, the affected Employee shall be assignedplaced into a vacant position which would include those currently filled by temporary employees as long as the surplus Employee has the skill, if possible, in accordance with that paragraph. dability and qualifications to fill the job. If the vacancy is a permanent vacancy as per article L15.01(c) A Teacher who and has been declared surplus to his/her school and who previously posted through the job vacancy process as outlined in article L15.01, the Employee shall be considered permanently placed into the position. If the vacant position is not able to displace a less senior Teacher in accordance with Paragraph (b) shall be declared surplus to his/her region. e) A Teacher who is declared surplus to his/her region shall be offered a position in a school in another region provided that he/she is qualified to assume the assignment of a less senior teacher. Where the surplus Teacher permanent or it has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. f) A Teacher who has not previously been displaced in accordance with Paragraph (e) or who is not able to displace a less senior teacher in accordance with that paragraph or who has refused an offered position shall be laid off. Teachers will have two (2) school days to decide whether or not to accept an offered position. g) A Teacher transferring to a different school or region in accordance with the above or an individual who elects to remain at his/her home school less than 1.0 FTE and be on recall for the remainder of his/her FTE assignment, will be given preference, posted in accordance with Article 15.0 L15.01, the surplus Employee will be required to apply through the posting process as specified in Article L15. (Vacancies & Transfersd) There will be no displacement of permanent employees unless there are no available vacant positions for which the affected Employee is qualified for or unless it is outside of the Employee’s staffing zone. (e) Should an Employee remain without a permanent placement following the posting process, the Employee will be placed in a subsequent vacancy provided the Employee has the skill, ability and qualifications to perform the required duties. (f) Once an Employee has been displaced from their work site and qualifies for displacement rights, the Employee may displace the most junior Employee in the same classification or lower classification for which the Employee has the skill, ability and qualifications to perform the required work in: (i) the Employee’s staffing zone (northwest, northeast, central, southwest, southeast), for a transfer back to their original school or region for a period ; or (ii) the staffing zone of thirty-six the Employee’s residence or (36iii) months following their transfer. (Surplus teachers who transferred effective September 1, 1998 shall be given preference until June 30, 2001.)Board Wide

Surplus. (a) Teachers shall Should it become necessary to declare a position surplus because the programming needs at a school have changed due to a specific student moving to another location, the Educational Assistant who has most frequently assisted that student will have the option of being transferred to the student’s new location, provided this does not cause a displacement of Employees at the new location and the assignment is the same FTE, or of remaining at his/her location subject to the surplus procedure. Similarly, should a congregated Special Education Program which includes Educational Assistants/Instructional Assistants be moved from one location to another, the Educational Assistants/Instructional Assistants, will have the option of moving with that Program to the new location or be subject to the surplus procedure. (b) When a position is declared surplus and thee is more than one (1) Employee in that job classification at that school/department, the displacement will be as follows: (i) If the surplus position is less than full-time, the most junior part- time Employee at the location will be displaced. (ii) If there are no part-time Employees, then the most junior full-time Employee in that job classification at that location will have his/her status reduced. The affected Employee may elect to reduce to part-time and seek an additional part-time position or be declared surplus. (iii) If the surplus position is a full-time position, the most junior full-time Employee in that job classification at that location will be declared surplus regardless if there is a part-time Employee with less seniority at that location. (iv) The Parties may agree that it is necessary to their school retain the most junior Employee in reverse order of seniority i), ii) or iii) above due to exceptional circumstances resulting in a student’s needs being significantly affected. (v) When a position is declared surplus at a location any Employee at that location may opt to be displaced rather than declaring the most junior Employee surplus, provided that the remaining Teachers are qualified Employees have the skill, ability and qualifications necessary to perform the remaining assignmentsrequired work. Teachers surplus Any Employee opting to their school as of January 31st shall be notified no later than December 1st and teachers surplus to their school as of June 30th shall be notified no later than May 15thdisplaced must inform the Supervisor within twenty-four (24) hours in writing. b(vi) Teachers declared surplus The displaced Employee(s) can displace the most junior Employee if the displaced Employee(s) has the skill, ability and qualifications to their school shall be offered perform the required work. (c) Should a position in another school within their region provided they are qualified to assume the assignment of a less senior Teacher. Where the surplus Teacher has the qualifications to assume the assignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. c) A Teacher displaced in accordance with Paragraph (b) above shall be declared surplus and during the school year, the affected Employee shall be assignedplaced on a temporary basis into any vacant position which would include those currently filled by temporary Employees as long as the Employee has the skill, if possible, in accordance with that paragraphability and qualifications to fill the job. There will be no displacement of permanent Employees unless there are no available vacant positions for which the affected Employee is qualified for or unless it is outside of the Employee’s staffing zone. (d) A Teacher who The surplus Employee will be required to apply through the posting process specified in Article 15.02 in order to secure a permanent assignment. (e) Should an Employee remain without a permanent placement following the posting process, the Employee will be placed in a subsequent vacancy provided the Employee has the skill, ability and qualifications to perform the required duties. (f) Once an Employee has been declared surplus to displaced from his/her school work site and who is not able to qualifies for displacement rights, the Employee may displace a less senior Teacher the most junior Employee in accordance with Paragraph (b) shall be declared surplus to his/her region. e) A Teacher who is declared surplus to his/her region shall be offered a position in a school in another region provided that he/she is qualified to assume the assignment of a less senior teacher. Where same classification or lower classification for which the surplus Teacher Employee has the skill, ability and qualifications to assume perform the assignment of more than one less senior Teacherrequired work in: (i) the Employee’s staffing zone (northwest, he/she shall be offered northeast, central, southwest, southeast); or (ii) the position staffing zone of the least senior Teacher.Employee’s residence or f(iii) A Teacher who has been displaced in accordance with Paragraph (e) or who is not able to displace a less senior teacher in accordance with that paragraph or who has refused an offered position shall be laid off. Teachers will have two (2) school days to decide whether or not to accept an offered position. g) A Teacher transferring to a different school or region in accordance with the above or an individual who elects to remain at his/her home school less than 1.0 FTE and be on recall for the remainder of his/her FTE assignment, Board Wide The resulting surplus Employees will be given preference, in accordance with Article 15.0 (Vacancies & Transfers), for a transfer back to their original school or region for a period of thirtylaid-six (36) months following their transfer. (Surplus teachers who transferred effective September 1, 1998 shall be given preference until June 30, 2001off.)