Common use of Surplus Clause in Contracts

Surplus. (a) 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 retain the most junior Employee in 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 Employees have the skill, ability and qualifications necessary to perform the required work. Any Employee opting to be displaced must inform the Supervisor within twenty-four (24) hours in writing. (vi) The displaced Employee(s) can displace the most junior Employee if the displaced Employee(s) has the skill, ability and qualifications to perform the required work. (c) Should a position be declared surplus during the school year, the affected Employee shall be placed 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, ability 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) 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 displaced from his/her 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 predecessor Board boundaries of the Employee’s work site; (ii) the predecessor Board boundaries of the Employee’s residence; or (iii) T.V.D.S.B. - Board Wide The resulting surplus Employees will be laid-off.

Surplus. (a) 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 Teachers shall be declared surplus regardless if there is a part-time Employee with less to their school in reverse order of seniority at that location. (iv) The Parties may agree that it is necessary to retain the most junior Employee in 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 Employees have the skill, ability and qualifications necessary Teachers are qualified to perform the required workremaining assignments. Any Employee opting Teachers surplus to their school as of December 31st shall be displaced must inform the Supervisor within twenty-four (24) hours in writingnotified no later than November 15th and teachers surplus to their school as of June 30th shall be notified no later than May 15th. (vib) The displaced Employee(s) can displace Teachers declared surplus to their school shall be offered a position in another school within their region provided they are qualified to assume the most junior Employee if assignment of a less senior Teacher. Where the displaced Employee(s) surplus Teacher has the skill, ability and qualifications to perform assume the required workassignment of more than one less senior Teacher, he/she shall be offered the position of the least senior Teacher. (c) Should a position A Teacher displaced in accordance with Paragraph (b) above shall be declared surplus during the school year, the affected Employee and shall be placed on 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 temporary basis into any vacant 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 which would include those currently filled by temporary Employees as long as in a school in another region provided that he/she is qualified to assume the Employee assignment of a less senior teacher. Where the surplus Teacher has the skill, ability and qualifications to fill assume the job. There will assignment of more than one less senior Teacher, he/she shall be no displacement of permanent Employees unless there are no available vacant positions for which offered the affected Employee is qualified for or unless it is outside position of the Employee’s former Board boundariesleast senior Teacher. (df) The surplus Employee will be required to apply through the posting process specified A teacher who has been displaced in Article 15.02 in order to secure a permanent assignment. accordance with Paragraph (e) Should or who is not able to displace a less senior teacher in accordance with that paragraph or who has refused an Employee remain without 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 permanent placement following different school or region in accordance with the posting process, the Employee above will be placed given preference, in accordance with Article 16.0 (Vacancies & Transfers), for a subsequent vacancy provided the Employee has the skilltransfer 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, ability and qualifications to perform the required duties1998 shall be given preference until June 30, 2001. (f) Once an Employee has been displaced from his/her 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 predecessor Board boundaries of the Employee’s work site; (ii) the predecessor Board boundaries of the Employee’s residence; or (iii) T.V.D.S.B. - Board Wide The resulting surplus Employees will be laid-off.)

Surplus. (a) Should it become necessary Teachers shall be declared surplus to declare 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 December 31st shall be notified no later than 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 because Teacher has the programming needs at 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 changed due two (2) school days to decide whether or not to accept an offered position. g) A teacher transferring 1.0 FTE to a specific student moving different school or region in accordance with the above or an individual who elects 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 remain 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 home school less than full-time, 1.0 FTE and be on recall for 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 remainder of 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 positionFTE assignment, 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 given preference, in accordance with less seniority at that location. Article 15.0 (iv) The Parties may agree that it is necessary to retain the most junior Employee in iVacancies & Transfers), iifor a transfer back to their original school or region for a period of thirty-six (36) or iii) above due to exceptional circumstances resulting in a student’s needs being significantly affected. months following their transfer. (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 surplusSurplus teachers who transferred effective September 1, provided that the remaining Employees have the skill, ability and qualifications necessary to perform the required work. Any Employee opting to be displaced must inform the Supervisor within twenty-four (24) hours in writing. (vi) The displaced Employee(s) can displace the most junior Employee if the displaced Employee(s) has the skill, ability and qualifications to perform the required work. (c) Should a position be declared surplus during the school year, the affected Employee 1998 shall be placed on a temporary basis into any vacant position which would include those currently filled by temporary Employees as long as the Employee has the skillgiven preference until June 30, ability 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 boundaries2001. (d) 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 displaced from his/her 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 predecessor Board boundaries of the Employee’s work site; (ii) the predecessor Board boundaries of the Employee’s residence; or (iii) T.V.D.S.B. - Board Wide The resulting surplus Employees will be laid-off.)

Surplus. (a) Should it become necessary Teachers shall be declared surplus to declare 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 because Teacher has the programming needs at 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 changed due two (2) school days to decide whether or not to accept an offered position. g) A Teacher transferring to a specific student moving different school or region in accordance with the above or an individual who elects 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 remain 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 home school less than full-time, 1.0 FTE and be on recall for 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 remainder of 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 positionFTE assignment, 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 given preference, in accordance with less seniority at that location. Article 15.0 (iv) The Parties may agree that it is necessary to retain the most junior Employee in iVacancies & Transfers), iifor a transfer back to their original school or region for a period of thirty-six (36) or iii) above due to exceptional circumstances resulting in a student’s needs being significantly affected. months following their transfer. (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 surplusSurplus teachers who transferred effective September 1, provided that the remaining Employees have the skill, ability and qualifications necessary to perform the required work. Any Employee opting to be displaced must inform the Supervisor within twenty-four (24) hours in writing. (vi) The displaced Employee(s) can displace the most junior Employee if the displaced Employee(s) has the skill, ability and qualifications to perform the required work. (c) Should a position be declared surplus during the school year, the affected Employee 1998 shall be placed on a temporary basis into any vacant position which would include those currently filled by temporary Employees as long as the Employee has the skillgiven preference until June 30, ability 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 boundaries2001. (d) 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 displaced from his/her 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 predecessor Board boundaries of the Employee’s work site; (ii) the predecessor Board boundaries of the Employee’s residence; or (iii) T.V.D.S.B. - Board Wide The resulting surplus Employees will be laid-off.)

Surplus. (a) 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 so affected 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 retain the most junior Employee in 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 Employees have the skill, ability and qualifications necessary to perform the required work. Any Employee opting to be displaced must inform the Supervisor within twenty-four (24) hours in writing. (vi) The displaced Employee(s) can displace the most junior Employee if the displaced Employee(s) has the skill, ability and qualifications to perform the required work. (c) Should a position be declared surplus during the school year, the affected Employee shall be placed 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, ability 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 boundariesstaffing zone. (d) 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 displaced from his/her 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 predecessor Board boundaries of the Employee’s work site;staffing zone (northwest, northeast, central, southwest, southeast); or (ii) the predecessor Board boundaries staffing zone of the Employee’s residence; residence or (iii) T.V.D.S.B. - Board Wide The resulting surplus Employees will be laid-off.