ARTICLE 9:  LAYOFFS

9.01

1. “Seniority” herein shall be determined on the basis of the total length of time employed as a teacher in Newfoundland and Labrador both before and after the signing date of this agreement. (Effective September 1, 1994)
2. If the length of teaching experience defined in (a) is equal, the teacher to be declared surplus shall be determined by the School Board.
3. Employment as a teacher referred to in (a) means periods of employment with all School Boards in the Province, schools operated by the Department of Education, schools in Churchill Falls and schools in Conne River. 
4. During a legal work stoppage, no teacher covered by this agreement shall accumulate seniority.
5. In determining the relative seniority of teachers for the purpose of reassignment and layoff, calculation of seniority shall be done as at May 7 in the school year at the end of which reassignment and/or layoff is to be effective.
6. Notwithstanding Clause 9.01(e), in determining the relative seniority of teachers working in teaching and learning assistant positions, for the purpose of reassignment and layoff, calculation of seniority shall be done as at May 28 in the school year at the end of which reassignment and/or layoff is to be effective.

9.02 Where it is determined by the School Board that a teaching position within a school has become redundant, the senior teachers of that school shall be reassigned to the remaining positions within the school which they are capable of fulfilling. Subject to the requirement of capability, the teachers to be retained at the school shall be given priority, based on seniority in the following sequence:

1. tenured teachers;
2. teachers on a one-year probationary contract;
3. teachers on a two-year probationary contract; and
4. teachers on probationary contracts in accordance with Clause 7.09.

9.03 Where it is determined by the School Board that a teaching and learning assistant position within a school has become redundant, the senior teaching and learning assistants of that school shall be reassigned to the remaining teaching and learning assistant positions within the school which they are capable of fulfilling. Subject to the requirement of capability, the teaching and learning assistants to be retained at the school shall be given priority, based on seniority in the following sequence:

1. tenured teaching and learning assistants;
2. teaching and learning assistants on a one-year probationary contract;
3. teaching and learning assistants on two-year probationary contract.

9.04

1. A teacher, who is not reassigned in accordance with Clause 9.02, shall have priority, based upon seniority, subject to capability to perform the job function required, to vacant teaching positions and teaching positions held by junior teachers, in the following order of priority:
   (i) within the community;
   (ii) within the nearest community, within the school district, where such a position exists. 
2. In determining which teachers are junior under Clause 9.04(a), the sequence of seniority referenced in Clause 9.02(a)-(d), shall apply.
3. notwithstanding Clause 9.11, any teacher who refuses reassignment in accordance with Clause 9.04(a) in any particular year shall not be entitled to further consideration for reassignment in that year.

9.05 

1. A teaching and learning assistant who is not reassigned in accordance with Clause 9.03, shall have priority, based upon seniority, subject to capability to perform the job function required, to vacant teaching and learning assistant positions and teaching and learning assistant positions held by junior teaching and learning assistants, in the following order of priority:
   (i) within the community;
   (ii) within the nearest community, within the school district, where such a position exists.
2. In determining which teaching and learning assistants are junior under Clause 9.05(a), the sequence of seniority referenced in Clause 9.03(a)-(c), shall apply.
3. Notwithstanding Clause 9.11, any teaching and learning assistant who refuses reassignment in accordance with Clause 9.05(a) in any particular year shall not be entitled to further consideration for reassignment in that year.

9.06 With respect to Clauses 9.02, 9.03, 9.04 and 9.05, in determining capability to fulfill the requirements of the job function, the School Board shall consider the overall ability of the teacher to perform the functions of the position in accordance with the currently modern standards required for the position.

9.07 The reassignment contemplated by Clauses 9.02, 9.03, 9.04 and 9.05 shall be to a comparable position, where possible.

9.08 Layoffs shall be effective only at the end of a contract year.

9.09

1. Any teacher who is to be laid off shall be notified in writing as soon as possible and in any event on or before the 7th of May in the current contract year.
2. Notwithstanding Clause 9.09(a), any teacher working in a teaching and learning assistant position who is to be laid off shall be notified in writing as soon as possible and in any event on or before the 28th of May in the current contract year.
3. A teacher who has been reassigned and notified in writing in accordance with this Article shall, by no later than 12:00 noon on the fifth (5th) working day following notification, notify the School Board in writing of acceptance or rejection of the position to which the teacher has been reassigned. Teachers on leave will be considered employed for purposes of this Article.

9.10

1. When a teacher is notified of a layoff after the 7th day of May of the current contract year, the layoff shall not become effective until the end of the subsequent contract year.
2. Notwithstanding Clause 9.10(a) when a teacher working in a teaching and learning assistant position is notified of a layoff after the 28th day of May of the current contract year, the layoff shall not become effective until the end of the subsequent contract year.   

9.11 A School Board will not advertise any positions or hire any teachers until it has made every effort to place those teachers who have been laid off or who have been notified in writing that they are to be laid off.

9.12

1. If a vacancy comparable to the position a teacher held should occur in the subsequent three (3) school years, it shall be offered to any teacher who has been laid off as a result of redundancy and is still unemployed as a teacher, or is still employed in less than a full time position. It is the responsibility of the teachers to inform the appropriate School Boards prior to September 1 in each of the subsequent three (3) school years of their interest and availability to fill positions that become vacant on or after September 1.
2. Teachers in receipt of an offer in accordance with Clause 9.12(a) shall reply within five (5) calendar days or it will be deemed to be rejected.
3. (i) Teachers who are laid off and are eligible for recall shall, subject to Clause 6.03(a), be given priority for replacement, term and substitute positions which are known to be of more than one (1) month’s duration; however, rejection of offers of such positions does not eliminate the teacher’s right to recall for available permanent positions.
   (ii) If the position(s) referenced in Clause 9.12(c)(i) is known to be for an entire school year, the filling of such position(s) shall be subject to Clause 6.11.
4. A teacher whose position is declared redundant, and who accepts a term and/or replacement contract(s) for a subsequent entire school year (one hundred ninety-five (195) days) with the same School Board shall not have the period of recall under Clause 9.12(a) terminated until three (3) years following the completion of the term and/or replacement contract(s).

9.13

1. If a vacancy comparable to the position a teaching and learning assistant held should occur in the subsequent three (3) school years, it shall be offered to any teaching and learning assistant who has been laid off as a result of redundancy and is still unemployed as a teaching and learning assistant, or is still employed in less than a full-time position. It is the responsibility of the teaching and learning assistants to inform the appropriate School Boards prior to September 1 in each of the subsequent three (3) school years of their interest and availability to fill positions that become vacant on or after September 1.
2. Teaching and learning assistants in receipt of an offer in accordance with Clause 9.13(a) shall reply within five (5) calendar days or it will be deemed to be rejected.
3. (i) Teaching and learning assistants who are laid off and are eligible for recall shall, subject to Clause 6.03(b), be given priority for replacement, term and substitute positions which are known to be of more than one (1) month’s duration; however, rejection of offers of such positions does not eliminate the teaching and learning assistant’s right to recall for available permanent positions.
   (ii) If the position(s) referenced in Clause 9.13(c)(i) is known to be for an entire school year, the filling of such position(s) shall be subject to Clause 6.12. 
4. A teaching and learning assistant whose position is declared redundant, and who accepts a term and/or replacement contract(s) for a subsequent entire school year (one hundred ninety-five (195) days) with the same School Board shall not have the period of recall under Clause 9.13(a) terminated until three (3) years following the completion of the term and/or replacement contract(s).

9.14 Subject to Clause 9.06, the filling of vacancies in accordance with Clauses 9.11, 9.12 and 9.13 shall be in order of seniority.

9.15 The use of the singular here shall be deemed to include the plural.

9.16 A teacher who refuses reassignment in accordance with this Article 9 shall be deemed to have been laid off.

9.17

1. Redundant administrators will be considered for reassignment during the three (3) years subsequent to the date of their redundancy in accordance with Clause 9.06 to vacant comparable administrative positions before the position is posted.
2. Notwithstanding Clause 9.17(a), an administrator whose position is declared redundant, and who accepts a term and/or replacement contract(s) as an administrator for a subsequent entire school year (one hundred ninety five (195) days) shall not have the period of recall under Clause 9.17(a) terminated until three (3) years following the completion of the term and/or replacement contract(s).

9.18 The School Board will post in an electronic central location a seniority list of all teachers on the staff of each school in the District, reflecting each individual teacher’s accumulated province-wide seniority. This list will be posted on or before January 31 of each year, listing the seniority which has been accumulated as of December 31 of that year. Schools will be advised when the list has been posted. Employees have thirty (30) days from the posting of the seniority list to contest the accuracy of their seniority recorded on the list. If the teacher fails to do so, any changes as a result of their challenge shall apply prospectively five working days from the date of challenge.

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