ARTICLE 6: EMPLOYMENT OF TEACHERS
6.01 Subject to Clauses 6.02, 6.09, 7.09, and 7.10, no person shall be employed or retained in a position to which this Collective Agreement applies unless that person is and continues to be the holder of a valid teaching certificate issued pursuant to the regulations governing teachers’ certificates.
6.02 A person who is the holder of a licence may be employed in a position only if no other suitable person holding a valid teaching certificate other than a licence is available for the position.
6.03
- The basic criteria for the selection of teachers shall be competence, suitability and qualifications as assessed by the School Board.
- Notwithstanding Clause 6.03(a), a teacher holding only a Level II teaching certificate endorsed “Teaching and Learning Assistant” shall only be hired in a teaching and learning assistant position.
6.04 Where competence, suitability and qualifications are comparable, preference in appointment of teachers to positions of administrative responsibility within the bargaining unit shall be given to those who have entered into continuing contract with any School Board in the Province.
6.05 Except where a teacher is awarded at least a teaching certificate II under the Teacher Education Program for Labrador, where competence and suitability of applicants, as assessed by the School Board, are comparable, preference in hiring shall be given to teachers holding Certificate IV or higher.
6.06 Notwithstanding Clause 6.05 and subject to Clauses 6.02, 6.08, 6.09 and 6.10, the School Boards agree that they will not hire any teacher who does not hold a Certificate III or higher.
6.07 The provisions of Clause 6.06 of this Article apply only to teachers who were not employed on a tenured or probationary contract with any School Board in this Province during the period of September 1, 1980 to June 5, 1981.
6.08 A School Board that has been unable, up to one (1) month prior to the beginning of the school year, to obtain the services of a teacher certified in accordance with this Article who is capable of satisfactorily fulfilling the requirements of the position, may, with the permission of the Minister, hire for a period of up to one (1) year a teacher holding a certificate less than Certificate III or if a certified teacher is not available, a person by way of emergency supply.
6.09 Subject to Clauses 6.02 and 6.08, teachers with qualifications lower than Certificate III who, during the period September 1, 1980 to June 5, 1981 were employed on a contract other than a tenured or probationary contract, will be entitled to employment as substitute or replacement teachers only.
6.10 A School Board which has been unable to hire a substitute, replacement, or term contract teacher in accordance with the provisions of this Article may employ a teacher with less than a Certificate III as a substitute, replacement or term contract teacher with the written consent of the Minister of Education.
6.11 In filling vacant teaching positions in accordance with Clause 6.03(a), the Board shall:
- make reasonable effort to accommodate requests from teachers who are tenured or who are/were eligible to successfully complete probation at the end of the school year. When filling permanent positions only, if more than one such teacher makes a request for the same permanent teaching position, all of whom are assessed as competent, suitable and qualified, preference shall be given to the teacher with the greatest seniority as defined in Clause 9.01(a).
- subject to Clause 6.11(a), give consideration to applications from teachers who are not/were not eligible to complete probation at the end of the school year or who have served in replacement and/or substitute positions with the Board before applications from teachers with no previous experience with the Board.
- Notwithstanding Clause 6.11(a), in filling term and replacement teaching positions that arise after July 15, the employer shall not be required to give consideration to teachers already employed in probationary or continuing contracts.
6.12 In filling vacant teaching and learning assistant positions in accordance with Clause 6.03, the Board shall:
- make reasonable effort to accommodate requests from teachers who are tenured or who are/were eligible to successfully complete probation at the end of the school year.
- subject to Clause 6.12(a), give consideration to applications from teachers who are not/were not eligible to complete probation at the end of the school year or have served in replacement and/or substitute positions with the Board before applications from teachers with no previous experience with the Board.
- Notwithstanding Clause 6.12(a), in filling term and replacement teaching and learning assistant positions that arise after July 15, the employer shall not be required to give consideration to teachers already employed in a continuing contract.
6.13 Subject to Article 9, any teacher who is offered a position of employment in response to an application for a vacancy shall have not less than twenty-four (24) hours to notify the School Board of acceptance or rejection of the position offered.
