ARTICLE 42 – PROMOTION AND HIRING OF TEACHERS
A. Advertising
42.01 Subject to Clauses 47.04, 47.05 and 47.06, when a Board decides to fill a vacancy within the bargaining unit the position shall be posted on the Employer’s website for at least seven (7) calendar days. An electronic copy of each notice will be supplied to the President of the Labrador West Branch of the Newfoundland and Labrador Teachers’ Association.
42.02 Notwithstanding Clause 42.01, substitute and replacement positions that are more than one (1) month’s duration shall be posted according to procedures outlined in Clause 42.01.
B. Selection and Hiring
42.03
(a) The basic criteria for the selection of teachers shall be competence, suitability and qualifications as assessed by the School Board.
(b) Notwithstanding Clause 42.03(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.
42.04 In selection of teachers for positions of additional responsibility, the Boards will give preference to applicants already in the employment of the Board who are qualified, experienced and suitable.
42.05 In filling vacant teaching positions in accordance with Clause 42.03, the School Boards shall:
(a) make reasonable effort to accommodate requests from teachers already employed with the Board in a continuing teacher contract. 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 1.01 (l).
(b) subject to Clause 42.05(a), give consideration to applications from teachers who have served in replacement and/or substitute teaching positions with the Board before applications from teachers with no previous experience with the Board.
(c) notwithstanding Clause 42.05(a), in filling term contracts and replacement teaching positions that arise after July 15, the employer shall not be required to give consideration to teachers already employed in a continuing contract.
42.06 In the event that a teacher must be hired from outside the province, the President of the Branch shall be notified at the time of hire.
42.07
(a) A Board shall not hire a teacher to fill a vacancy for a permanent position described under the provisions of Clause 42.01, who holds less than Certificate IV.
(b) Should a Board be unable to fulfill the provisions of Clause 42.07(a), the Board may hire a teacher who holds less than Certificate IV. The period of employment shall terminate prior to or on June 30 of that school year. The President of the Labrador West Branch of the Newfoundland and Labrador Teachers’ Association shall be notified prior to hiring.
(c) Whenever possible, a Board shall not hire a replacement or substitute teacher who holds less than Certificate IV. (Known long-term substitutes or replacements).
(d) Where the provisions of Clauses 42.01 and 42.02 do not apply, the Board may hire casual or daily substitutes and replacement teachers with less than Certificate IV.
42.08 The provisions of Clause 42.07 apply only to those teachers who were not employed by the Board prior to the signing of this Collective Agreement.
42.09 No person shall be employed or retained in a position to which this Collective Agreement applies, unless he/she is and continues to be the holder of a valid teaching certificate issued by the Province of Newfoundland and Labrador and satisfies the requirements of this Article.
42.10 Should a Board be unable to fulfill the provisions of Clause 42.07 the Board may hire for a period of up to one (1) year a person approved by the Minister of Education.
42.11 Notwithstanding the provisions of Clause 42.04, in filling vacant positions, the School Board shall make reasonable effort to accommodate requests from teachers already employed with the Board in a continuing contract.
42.12 In filling vacant teaching and learning assistant positions in accordance with Clause 42.03, the Board shall:
(a) make reasonable effort to accommodate requests from teachers already employed with the Board in a continuing contract.
(b) subject to Clause 42.12(a), give consideration to applications from teachers who have served in replacement and/or substitute positions with the Board before applications from teachers with no previous experience with the Board.
(c) Notwithstanding Clause 42.12(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.
42.13 Subject to Article 47, 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.
