NEW HIRING MEMORANDUM OF UNDERSTANDING
THIS MOU GOVERNS SENIORITY TRANSFER TO THE EXCLUSION OF CLAUSE 6.11 WHILE IT IS IN EFFECT
Notwithstanding Article 6 the following will apply for the Transfer Round:
Seniority Transfer Round for Tenured Teachers and Teachers who are/were Eligible to Successfully Complete Probation at the End of the School Year (Excluding Positions of Administrative Responsibility as listed in clause 36.01(a)).
- There shall be an initial posting by May 1 of all permanent positions known to the School Districts, hereinafter referred to as the “seniority transfer round”. The School Districts shall make reasonable effort to accommodate requests from competent, suitable and qualified 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).
- First offers to the most senior competent, suitable and qualified applicant for each position posted in the transfer round shall be made by no later than 72 hours after the posting has closed, excluding weekends and holidays. Notwithstanding the foregoing, offers shall be made by 8:30 am, excluding weekends and holidays.
- All seniority transfer round positions shall be posted for a period of four (4) calendar days, excluding weekends and holidays, following the conclusion of the redundancy/reassignment/layoff/recall process as per Article 9 of the Provincial Collective Agreement. New vacancies will be posted during the seniority transfer round as they arise.
- The seniority transfer round shall end on July 15. In filling permanent positions that arise after July 15, the employer shall not be required to give consideration to tenured teachers and teachers who are/were eligible to successfully complete probation at the end of the school year, unless such a permanent position would result in betterment for a teacher in accordance with the definition of “betterment of position” in clause (e) of this MOU.
- For the purposes of this MOU, “betterment of position” means a teacher’s right to be offered and to accept a position that increases, alone or in combination with another position, their percentage of a full time position. For greater clarity, offers to part time teachers of positions that better their percentage of a full-time position, alone or in combination with another position, shall not be considered to be offers within the meaning of this MOU.
- Subject to clause (b) above, all offers on seniority transfer round positions shall be made as soon as possible following the closing date for applications. Applicants shall have 24 hours to accept or reject an offer. Allowing an offer to expire shall mean that the offer is rejected.
- As offers are accepted and rejected, seniority based offers on transfer round positions shall continue to be made in accordance with clause (b).
- Teachers can expect to receive multiple offers for seniority transfer round positions, based on seniority, as offers are accepted and rejected. There shall be a limit of three (3) offers on seniority transfer round positions which any individual teacher applicant may accept or reject, subject to betterment of position as per clauses (d) & (e) herein.
- Teachers may remove themselves from a competition they are no longer interested in before they have received an offer in that competition. If they have not removed themselves from that competition and an offer is made, it shall be deemed to be an offer within the meaning of clause (h).
- It is understood that seniority transfer round positions for which there are no competent, suitable and qualified applicants who are tenured teachers or teachers who are/were eligible to successfully complete probation at the end of the school year will not be subject to the requirements for seniority based transfers and shall otherwise be filled in accordance with Clause 6.11 of the Provincial Collective Agreement.
- Probationary teachers who accepted a permanent position on or before February 1, 2024 shall have the same rights as tenured teachers for the purpose of this MOU. The parties agree that this MOU is in effect from February 1, 2024 until August 31, 2026 and does not roll over to the next collective agreement in the absence of all parties’ agreement to same.