Publications

It’s that time of year when the employer starts the staffing process. The NBTF receives many questions on the subject and considers it important to remind teachers of this process according to the Collective Agreement.

Seniority

In any school district where a layoff is necessary, the teacher with the least seniority in that school district shall be laid off before any other teacher in that school district providing the remaining staff is capable of satisfactorily fulfilling the requirements of the positions to be maintained in the district.

Layoffs

A Schedule B teacher to be laid off shall receive a written notice to that effect by registered email, mail or by personal service from the Superintendent or delegated designate. Such notice shall normally be served on or before June 1st and contain the reasons necessitating the layoff.

Short-Term Contracts

Teachers employed under short-term contracts (Schedule D contracts) who lose their positions because their contracts expire shall have the same rights and responsibilities as laid-off teachers. However, laid-off teachers who held Schedule B contracts shall have the right to apply and be considered first for any positions available. The teacher’s name will be placed on the recall list, and the teachers will be considered for future Schedule D or B contracts for which they are qualified. The maximum recall period for Schedule B or Schedule D laid-off teachers shall be (18) eighteen months.

Job Availability

It is the responsibility of any laid-off teacher to keep his/her Superintendent or delegated designate aware of his/her availability for positions.

When teaching positions become available, the Superintendent or delegated designate shall first notify teachers laid off in writing by email, registered mail or personal service, to give them the opportunity to apply for the positions. Within a reasonable period of time of the serving of such notice to laid-off teachers, if none of the laid-off teachers either applied in writing or, if none who has applied is capable of satisfactorily fulfilling the requirements of the positions, the School District may issue a general call for applications for the positions still available.

Transfers by Mutual Agreement

Article 45.06 of the Collective Agreement stipulates that “A transfer may be mutually arranged between a Superintendent or his/her designate and a teacher.”

There are several reasons for wanting a transfer (e.g., closer proximity to home). Teachers have the right to request a transfer to another school, but the final decision remains at the discretion of the Superintendent of their District. This decision is often based on job availability, the needs and stability of the school or other factors. Since the decision rests with the Employer, other criteria may be applied, and seniority may not necessarily be taken into consideration.

Unlike other collective agreements, it should be noted that the Collective Agreement governing teaching staff does not allow for bumping. In other words, a teacher with more seniority, for example, cannot displace another teacher from their position. Teachers also cannot arrange their own transfer (e.g., if one teacher is prepared to exchange a job with another teacher). Regardless of the situation, the Superintendent reserves the right to grant a transfer or not.

In addition, assignments to certain grades or certain subjects are at the discretion of the school administration, and seniority is not necessarily a factor in making the decision. In the case of transfers, the district cannot guarantee the grades or subjects that will be assigned to teachers, since the decision rests with school administrators.

In the case where the district offers you a voluntary transfer, the final decision is yours. You are not obliged to accept the transfer being offered.

Recall Rights

It is important to note that some teaching contracts awarded to substitute teachers under the Collective Agreement do not afford recall rights. These are Schedule D contracts with terms that lasted less than 4 months, part-time Schedule D contracts that were less than 0.33% of a FTE, Schedule C (Local Permits), Schedule E (Special Term Contracts), and Schedule L (Certificate I, II and III Replacement Teachers).

For any question on this topic, please contact the NBTF Labour Relations Officer assigned to your district at 1-888-679-7044.