Security of Employment Based on Seniority and Qualifications Sample Clauses

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. ▇▇▇▇▇▇ 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 w...

Security of Employment Based on Seniority and Qualifications a. When, for 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 shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions available as defined in Article C.20.2.a above. b. The Board and the Association agree that the Board may transfer teachers in order to implement the provisions of Article C.20.3.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. c. The Board shall refer all claims under Article C.20.2.a to the Qualifications Committee established under Article C.20.2.c. The procedures outlined in Article C.20.4(b) will be used to rule on the claim. d. The Board shall give each teacher it intends to layoff a minimum of thirty (30) calendar days' notice, in writing, such notice to be effective at the end of a school term, and to contain the reason for the layoff and a list of the teaching positions, if any, in respect 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 end of a school term 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 end of term coincides with the end of the semester). 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.

Security of Employment Based on Seniority and Qualifications a. If the Board is required to effect a reduction in the total number of employees employed by the Board, the employees to be retained on the staff of the District shall be those who have the greatest seniority, provided that they possess the necessary qualifications as defined in Clause 4. above for the positions available. b. The Board shall give each employee whose contract it intends to terminate pursuant to this Article a minimum of thirty (30) days' notice in writing, such notice to be effective at the end of a school term, and to contain the reason for the layoff. The employee may consult with an official of the Board at which time the list of positions available or to be held by employees with less seniority shall be discussed with the employee. The Board shall concurrently forward a copy of all notices of termination to the appropriate VTF Co-President. c. The reorganization made necessary by transfer or reassignments which may arise from the implementation of Clauses a. and b. above may necessitate the transfer of employees. d. The principles of layoff as established in this Article will apply to Speech/Language Pathologists within the Speech/Language Pathologists group, as specified in the Agreement. In addition, those Speech/Language Pathologists with teaching certificates will have the option, once designated for layoff, to replace the teacher with the least seniority in a job for which they are qualified. Conversely, teachers designated for layoff who are qualified as Speech/Language Pathologists will have the right to replace the Speech/Language Pathologists with the least seniority.

Security of Employment Based on Seniority and Qualifications a. The Board may reduce the total number of teachers employed by the Board only for educationally viable reasons and/or budgetary constraints or in case of an adult education program as a result of a course cancellation or elimination. Where layoff of teachers is necessary for those reasons, the teachers to be retained on the teaching staff of the Board shall be those who have the greatest seniority, provided that they possess the necessary qualifications for the positions available. b. For the purpose of this article, “termination” (or “layoff”) includes the termination of teachers on continuing contract, termination of a temporary contract teacher prior to the end of the term of the contract, and a decision by the Board, other than for just and reasonable cause, to not offer a further contract to a teacher at the expiry of that teacher’s temporary contract. A decision not to offer a further contract to an adult education teacher at the expiry of a term contract does not constitute a termination (or layoff) for the purposes of this article. c. The Board shall give each teacher it intends to terminate pursuant to this Agreement (as early as possible but no less than) forty-five (45) days’ notice in writing. The 45 days’ notice may be shortened if circumstances necessitate by mutual agreement between the Board and the Association. Such notice is to take effect at the end of a school term, as defined in this Agreement, and to contain the reason for the termination, and a list of the teaching positions, if any, in respect 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 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. Within a reasonable period of time after the issuance of layoff notices, appropriate representatives of the Board shall schedule a meeting for affected teachers to review the layoff-recall process. Representatives of the Association shall be provided an opportunity to address affected employees at this meeting. In the case of an adult education teacher, the notice period shall be 30 days and the effective date of the termination shall be at the end of the notice period and not at the end of the school term. d. N...

Security of Employment Based on Seniority and Qualifications a. The Board may reduce the total number of teachers employed by the Board only for bona fide educational reasons such as declining enrolment or for budgetary reasons. Where layoff of teachers is necessary for those 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 shall give each teacher it intends to lay off pursuant to this article, 45 days' notice in writing, such notice to be effective at the end of a school term, and to contain the reason for the layoff, and a list of the teaching positions, if any, in respect 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. c. The term "seniority" shall be interpreted as defined in Article C.2.

Security of Employment Based on Seniority and Qualifications a. When, the Board determines that it is necessary to lay-off one or more teachers due 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. For the purposes of this Article “lay-off” means the lay-off of a teacher on continuing contract and lay-off of a temporary contract teacher prior to the end of the term of the contract providing service has been satisfactory. c. The Board shall give each teacher it intends to lay-off pursuant to this Article notice of lay-off in writing prior to May 15 or November 15, whichever date is nearest the intended date of lay-off, such notice to be effective June 30 and December 31, respectively, and to contain the reason for the lay-off, and a list of the teaching assignments, if any, in respect of which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the Union. 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.

Security of Employment Based on Seniority and Qualifications a. When the Board determines that it is necessary to reduce the total number of teachers employed, 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 as defined in this article. b. The Board shall give each teacher it intends to terminate pursuant to Article C.23 a minimum of thirty (30) calendar days‘ notice in writing. The Board shall concurrently forward a copy of such notice to the Association. Such notice is to be effective at the end of December, or the end of January for semestered schools, or the end of June. Information on positions held by less senior teachers shall be available to teachers in receipt of termination notices and the Association through the Human Resources Department. This clause shall not apply in the case of teachers assigned to the Center for Learning Alternatives or to the English As A Second Language Program in Continuing Education who can be terminated at any time upon a minimum of thirty (30) calendar days notice in writing.

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. For the purposes of this Article, "termination" (or "layoff") and "reduction in total numbers" includes the termination of teachers on continuing contract, or termination of a temporary contract teacher prior to the end of the term of the contract. c. The Board shall give each teacher it intends to terminate pursuant to this Article, forty- five (45) days' notice in writing. The notice shall contain the reason for the termination and a list of the teaching positions, if any, in respect of which the Board proposes to retain a teacher with less seniority. The Board shall concurrently forward a copy of such notice to the Union. The Board may choose to offer payment in lieu of notice.

Security of Employment Based on Seniority and Qualifications a. In the process of filling teaching positions in accordance with the principle of seniority and qualifications Article C.2.8.a, the Board and Association will be governed by any process that may be mutually agreed upon, in writing, by both parties to this Agreement. “Both the District and the PRDTA have the goal to get all our continuing teachers working their FTE before bringing in out-of- district teachers.” 1. All temporary assignments will end. 2. The timetable will be filled with continuing teachers according to seniority and qualifications through a consultative process between both the administration and staff representatives. This same process will be used in second semester.