ARTICLE 47 – LAYOFFS

47.01 For the purpose of this Agreement, “layoff” means the interruption of a teacher’s contract because his/her position has become redundant and the board is unable to place him/her in an alternate position for which he/she is qualified and suitable.

47.02 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 filling. 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:

(a) tenured teachers;

(b) teachers on a one year probationary contract;

(c) teachers on a two year probationary contract.

47.03 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:

(a) tenured teaching and learning assistants;

(b) teaching and learning assistants on a one-year probationary contract;

(c) teaching and learning assistants on a two-year probationary contract.

47.04

(a) A teacher who is not reassigned in accordance with Clause 47.02 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:

1. within the community;
2. within the nearest community, within the school district, where such a position exists.

(b) In determining which teachers are junior under Clause 47.04(a) the sequence of seniority referenced in Clause 47.02(a)-(c) shall apply.

(c) Notwithstanding Clause 47.07, any teacher who refuses reassignment in accordance with Clause 47.04(a) in any particular year shall not be entitled to further consideration for reassignment in that year.

47.05

(a) A teaching and learning assistant who is not reassigned in accordance with Clause 47.03, 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:

1. within the community;
2. within the nearest community, within the school district, where such a position exists.

(b) In determining which teaching and learning assistants are junior under Clause 47.05(a), the sequence of seniority referenced in Clause 47.03(a)-(c), shall apply.

(c) Notwithstanding Clause 47.07, any teaching and learning assistant who refuses reassignment in accordance with Clause 47.05(a) in any particular year shall not be entitled to further consideration for reassignment in that year.

47.06

(a) With respect to Clauses 47.02, 47.03, 47.04 and 47.05, 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.

(b) The reassignment contemplated by Clauses 47.02, 47.03, 47.04 and 47.05 shall be to a comparable position, where possible.

47.07 A School Board that has laid off teachers or has notified teachers of layoff will not post any positions or hire any teachers until it has made every effort to place those teachers who have been or are to be laid off.

47.08

(a)For the purpose of this Agreement, the period of the layoff shall be considered to be the three (3) subsequent years at the end of which all recall privileges shall cease. Where more than one teacher is on recall, such recall shall be in descending order of seniority.

(b)

1. It shall be the responsibility of a teacher on layoff to keep the Board informed of his/her current address, phone number and employment status including their interest and availability to fill positions that become vacant on or after September 1.
2. The Board shall notify a teacher on layoff, in writing, of the available positions for which the teacher is qualified. In the event of only one position being available, the teacher must be notified.
3. The teacher shall, by no later than 12:00 noon on the fifth (5th) working day of such notification, notify the Board, in writing, as to the teacher’s intention regarding the positions available.
4. If the teacher fails to respond within the time limits specified above, the position will be deemed to be rejected.
5. Teachers who are laid off and are eligible for recall shall, subject to Clause 42.03(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.
6. If the position(s) referenced in Clause 47.08(b)(v) is known to be for an entire school year, the filling of such position(s) shall be subject to Clause 42.05.

(c) A teacher whose position is declared redundant, and who accepts a term contract(s) for a subsequent school year (one hundred ninety-five (195) days) shall not have the period of recall under Clause 47.08(a) terminated until three (3) years following the completion of the term contract(s).

47.09

(a) For the purpose of this Agreement, the period of layoff shall be considered to be the three (3) subsequent years at the end of which all recall privileges shall cease. Where more than one teaching and learning assistant is on recall, such recall shall be in descending order of seniority.  

(b)

1. It shall be the responsibility of the teaching and learning assistant on layoff to keep the Board informed of his/her current address, phone number and employment status including their interest and availability to fill teaching and learning positions that become vacant on or after September 1.
2. The Board shall notify a teaching and learning assistant on layoff, in writing, of the available teaching and learning assistant positions for which the teaching and learning assistant is qualified. In the event of only one such position being available, the teaching and learning assistant must be notified.
3. The teaching and learning assistant shall, by no later than 12:00 noon on the fifth (5th) working day of such notification, notify the Board, in writing as to the teaching and learning assistant’s intention regarding the positions available.
4. If the teaching and learning assistant fails to respond within the time limits specified above, the position will be deemed to be rejected.
5. Teaching and learning assistants who are laid off and are eligible for recall shall, subject to Clause 42.03(b), be given priority for replacement, term, and substitute teaching and learning assistant 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 teaching and learning assistant positions.
6. If the position(s) referenced in Clause 47.09(b)(v) is known to be for an entire school year, the filling of such position(s) shall be subject to Clause 42.12.

(c) A teaching and learning assistant whose position is declared redundant, and who accepts a term contract(s) for a subsequent school year (one hundred and ninety-five (195) days) shall not have the period of recall under Clause 47.09(a) terminated until three (3) years following the completion of the term contract(s).

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

47.11

(a) Any teacher who is to be laid off shall be notified in writing as soon as possible and in any case before the 7th of May of his/her current contract year.

(b) Nowithstanding Clause 47.11(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 of his/her current contract year.

47.12

(a) When a teacher is notified of a layoff after the 7th day of May of his/her current year, the layoff shall not become effective until the end of his/her subsequent contract year.

(b) Notwithstanding Clause 47.12(a) when a teacher working in a teaching and learning assistant position is notified of a layoff after the 28th day of May of his/her current contract year, the layoff shall not become effective until the end of his/her subsequent contract year.

47.13 The Boards shall pay all relocation expenses to the point of hire of a teacher laid off in accordance with this Article.

47.14 If a vacancy comparable to the position the 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.

47.15 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.

47.16 The provisions of this Article apply to teachers who are on approved leave.

47.17 Should private funding to the Boards concerned be eliminated or reduced in an amount sufficient to cause significant reduction in staff and no alternative source of funds is available, then Clauses 47.10, 47.11, 47.12, and 47.13 do not apply within the context of this Agreement. In this event, two (2) months notice of layoff will be given, or pay in lieu of notice.

47.18 The differential will, in future, apply only to teachers who were employed in Labrador West at any time during the 1995-96 school year up to and including April 30, 1996 in any contract status, including approved leave.

(a) Subject to Clause 47.18(b), the Boards agree to consult the Labrador West Branch of the Newfoundland and Labrador Teachers’ Association in the event that private funding is eliminated or reduced by a significant amount before reducing or eliminating items in this Agreement related to private funding.

(b) The differential may be altered only in accordance with the following conditions:

1. If the total of local monies available to each Board with jurisdiction in the Labrador West area is less than the total amount required to provide differential stipulated under this Collective Agreement, then the differential shall be reduced by a percentage amount equivalent to the percentage that the total local funds available is below the total amount required to pay the differential.
2. If the total amount of local funds available to each School Board is equivalent to, or more than, the amount required to provide the differential then the full amount of the differential shall be provided in accordance with the provisions of this Collective Agreement.
3. The School Board(s) shall make available to the executive of the Labrador West Branch of the NLTA all budget and audit information with respect to the financial operation of the School Board(s), particularly as it relates to the provision, supply and utilization of local funds. A Select Committee, comprising equal representation from the Labrador West Branch of the NLTA and the School Board(s) with jurisdiction in Labrador West, shall meet annually, at a time mutually agreed upon by the members of the committee, to review all data and decisions with respect to local funding and its application within the Labrador West Collective Agreement.

(c) Notwithstanding the foregoing, the Association has the option of reopening negotiations with respect to differential in the event that the total amount of local funds available to the School Board(s) exceeds the amount required to provide contract benefits by more than 50%.

(d) For the purpose of this Agreement, “local funds” refer to the grants allocated to each Board from Wabush Mines and the Iron Ore Company of Canada.

(e) Notwithstanding (d), in the event that additional sources of local funds become available to the Board(s), the Association has the option of reopening negotiations with respect to compensation associated with local funding.

47.19 Parties hereby agree to establish a Committee called the Private Funding Liaison Committee, the object of which is to provide a forum whereby the parties may mutually explore and investigate ways of obtaining alternate funds for those now supplied by private means. The Committee shall comprise of two (2) representatives from the Labrador West Branch of the Newfoundland and Labrador Teachers’ Association and two (2) representatives from the School Boards.

47.20 The School Board will post in each school in the District a seniority list of all teachers on the staff of each school in the District, on a school-by-school basis, reflecting each individual teacher’s accumulated province-wide seniority. This list will be posted in each school on or before January 31 of each year, listing the seniority which has been accumulated as of December 31 of that year.

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