ARTICLE 1 – DEFINITIONS
1.01 In this Agreement, unless the context otherwise requires:
(a) “Assistant Director” means Assistant District Director appointed pursuant to the Schools Act, 1997;
(b) “Day” means teaching day;
(c) “Director” means a Director appointed pursuant to the Schools Act, 1997;
(d) “Domicile” means the place where that person has his or her true, fixed and permanent home and principle establishment, and to which, whenever the teacher is absent, he/she has the intention of returning;
(e) “Grievance” means a dispute over the interpretation, application, administration, or alleged violation of this Collective Agreement;
(f) “Layoff” means the termination of the teacher’s contract in accordance with Article 47 because the teacher’s position has become redundant and no alternate position with the School Board is available to him or her;
(g) “Minister” means the Minister of Education;
(h) “Redundancy” is the elimination of a teaching position because of a reduction in the number of pupils, the elimination of a program or programs or reorganization within a school or School District.
(i) “Replacement teacher” means a teacher who is hired to replace a regular teacher who has been granted leave without pay, or a teacher who is granted leave under Article 31;
(j) “Salary” shall mean the remuneration that a teacher shall receive and shall include allowance where appropriate;
(k) “School” means any school or other place of work to which a teacher has been assigned by a School Board;
(l) “Seniority” herein shall be determined on the basis of the following criteria:
- The total length of time employed as a teacher in Newfoundland and Labrador both before and after the signing date of this Agreement.
- If the length of teaching experience defined in (i) is equal, the teacher to be declared surplus shall be determined by the School Board.
- Employment as a teacher referred to in (i) 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.
- During a legal work stoppage, no teacher covered by this Agreement shall accumulate seniority.
- 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.
- Notwithstanding Clause 1.01 (l)(v), 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.
(m) “Service” means any period of employment in respect of which an employee is in receipt of salary or wages from the employer and includes, from the date of the signing of this Agreement, periods of leave without pay not exceeding ten (10) working days in the aggregate in any year unless otherwise specified in this Agreement;
(n) “Spouse” means a person to whom a teacher is legally married, or a person with whom a teacher has cohabited for a continuous period of at least one (1) year and with whom the teacher intends to continue to cohabit and who has been identified to the Employer, in writing, as the teacher’s spouse.
(o) “Substitute teacher” means a teacher who is hired in place of another teacher who is granted leave with pay in accordance with the provisions of this Agreement or is absent on sick leave or is performing duties in accordance with Clause 19.03.
(p) “Teaching and learning assistant” means a teacher employed in a teaching and learning assistant position, the minimum certification requirement for which is a Level II teaching certificate endorsed “Teaching and Learning Assistant”, and who works under the direct supervision of a classroom teacher holding Level IV teaching certificate or higher.
