5. Rights

2. For the purposes of this Article, the Parties agree that initial discovery questions with a Teacher

about an alleged incident does not constitute a formal investigation.

from the Association or the Society will be allowed to attend.

d) A Teacher shall make themselves available to a consultation meeting even if they are on a leave. Where the Teacher is unable to attend the meeting, a representative from the Association or the Society may attend on their behalf.

event that exceptional circumstances exist that prevent the School Division from

following any of the above, the School Division will notify the Association.

g) In exceptional cases, the School Division may transfer a Teacher for emergent personnel issues after discussion with the Association and the Teacher.

5. In the case of any Teacher who has been given notice of transfer following May 31st and wishes to resign before June 30th of that year, the School Division agrees to accept the resignation provided it is offered in writing within seven (7) School Days of the notice of transfer.

6. A copy of all written transfer notices shall be sent to the President of the Association.

5.10 TEACHER INITIATED TRANSFER

A Teacher desiring a transfer shall make application for a transfer on or before a date as determined by the School Division of the School Year prior to the School Year for which the transfer is to be effective. The School Division shall approve or deny the transfer at its discretion. A Teacher initiated transfer does not restrict a Teacher’s ability to apply for other positions in the School Division.

5.11 COMPLAINTS

Where a complaint is made to a School Division (including to a Principal, Vice Principal, Superintendent, or School Trustee) by a member of the school community (i.e. by a parent or student) regarding the conduct, work, decisions of a Teacher, or the competency or character of the Teacher, and the nature of the complaint is such that it does not reasonably fall under Article 5.12 Discipline, the following process shall apply:

1. The Parties agree that such a complaint is best dealt with in the first (1st) instance through discussion between the complainant and the Teacher. The recipient of the complaint shall advise the complainant to first raise the complaint directly with the Teacher. The Teacher shall be immediately advised of the complaint and shall be provided with information about the complaint.

2. If the complainant has raised the complaint directly with the Teacher and is not satisfied with the outcome, the Principal or Vice Principal may convene a meeting with the Teacher and the complainant to attempt to resolve the complaint.

3. If the complainant is not satisfied with the outcome of the meeting with the Teacher and the Principal or Vice Principal, the Superintendent may convene a meeting with the Teacher, their Principal or Vice Principal, and the complainant. The complainant shall be directed to put their concern in writing if not already reduced to writing, and the Teacher shall be provided a copy in advance of the meeting. The Teacher shall be given the opportunity to provide an explanation and written response to the complaint. The Teacher shall have the right to have an MTS Staff Officer present at the meeting.

4. Should the School Division come to believe during the above process that the subject of the complaint may fall under Article 5.12 Discipline, the Teacher and the Society shall be immediately advised.

5. No documents pertaining to a complaint will be entered into the personnel file of a Teacher when it is concluded that such complaint was unfounded. When documentation is entered into a personnel file, the Teacher shall be notified.

5.13 GRIEVANCE PROCESS

1. Where a violation of this agreement is alleged by a party to the agreement concerning the agreement’s content, meaning, application or violation, either party shall, within thirty-five (35) School Days from the date on which the grieving party or Teacher on whose behalf the grievance is filed, as may be applicable, became aware of the event giving rise to the alleged violation or difference, notify the other party, in writing, stating the alleged violation or difference and the resolution sought.

2. All grievances shall be made in writing on the grievance form prescribed by the Parties to this agreement and attached to this Collective Agreement. The grievance shall provide a detailed summary of the issue with submission of sufficient particulars to enable the Employer Representative or School Division to respond. Where a request is made for particulars, the timing of the response is extended until the particulars have been provided. 3. For all grievances initiated by the Society (Individual, Association, Society), the grievance shall be given to the Employer Representative and received on behalf of a School Division with a copy going to the employing School Division. For all grievances initiated by a School Division, the grievance shall be given to the Society by the Employer Representative.

4. The Employer Representative shall maintain jurisdiction on behalf of a School Division(s) for any and all grievances unless the Employer Representative delegates jurisdictional authority to a School Division.

5. If a grievance is delegated to a School Division, the Employer Representative shall provide written notification to the Society and the School Division. Absent notice to the Society that the grievance has been delegated, the Society shall deal with the Employer Representative.

6. If the grievance is not filed within the timeframe in Article 5.13 (1) the grievance will be deemed to be abandoned.

7. Grievances retained by the Employer Representative shall be called “A” Grievances. Grievances delegated to School Divisions shall be called “B” Grievances.

“A” Grievances

8. If the Employer Representative retains jurisdiction of a grievance, they shall meet with the grievor and the Society representative(s) and School Division representative(s) to discuss the grievance within fifteen (15) teaching days from the date the grievance was received. The Employer Representative shall provide a response to the grievance within fifteen (15) teaching days from the date that the Parties met to discuss.

“B” Grievances

9. If a School Division has been delegated jurisdiction to make a decision regarding the grievance, the grievor and/or the Society representative(s) and School Division representative(s) shall meet to discuss the grievance within fifteen (15) teaching days from the date the grievance was received. The School Division shall provide a response to the grievance within fifteen (15) teaching days from the date that the Parties met to discuss. The grievance procedure shall be deemed to be complete if the responding party does not reply within the prescribed timeline, and the matter may proceed to arbitration; or if the grieving party fails to meet the times lines of their grievance as outlined in this Article, the grievance is considered to have been withdrawn or abandoned. 10. The Parties can mutually agree to extend any of the timelines outlined above. 11. The Parties recognize that terminations of Teachers are addressed under section 92 of The Public Schools Act. 

Arbitration

12. If a resolution or settlement to a grievance is not reached through the grievance reply or no response is provided within the timelines stated above, the grieving party may within fifteen (15) teaching days request in writing that the matter be submitted to an arbitrator or arbitration board as herein prescribed.

13. For all grievances, a single arbitrator shall be used, unless either party requests to use an arbitration board. Within ten (10) teaching days of the written request to settle the difference by arbitration, each party shall submit names of proposed arbitrators. If the Parties are unable to agree on an arbitrator, the grievor may request the Manitoba Labour Board to appoint an arbitrator.

14. If the Parties use an arbitration board, each party shall nominate an arbitrator and shall notify the other party of the appointment within ten (10) teaching days of said agreement.

15. These two arbitrators, within a further period of ten (10) teaching days after their appointment, shall select a chairperson. Should the two (2) arbitrators fail to agree upon a chairperson within the required ten (10) teaching days, either party may request the Manitoba Labour Board to appoint a chairperson.

16. In the event of any vacancy on the arbitration board occurring by reason of death, incapacity or resignation, or any other reason, such vacancy shall be filled in the same manner as is provided herein for the establishment of the Arbitration Board in the first instance.

17. The decision of the Arbitrator or Arbitration Board shall be limited to the dispute or question contained in the statement or statements submitted by the Parties, and the decision shall be limited to the interpretation of the statement or statements submitted by the Parties. The Arbitrator or Arbitration Board shall not alter nor change the Collective Agreement.

18. The fees and expenses of the single arbitrator shall be divided equally between the School Division and the Society. If, however, the Parties elect to use an arbitration board, the School Division shall pay the fees and the expenses of the member chosen by it, the Society shall pay the fees and the expenses of the member chosen by it, and the fees and expenses of the chairperson shall be divided equally between the School Division and the Society.

19. Except as herein provided, the Labour Relations Act shall apply.

5.14 NEW POSITIONS

If during the term of this Agreement a School Division creates a new position or category of employment which would be subject to the Agreement, the following provisions shall apply:

a) The School Division shall notify the Association of the new position or category of employment, and the proposed rate(s) of pay which will be applicable, and

b) The Employer Representative, along with a representative of the School Division and the Association and the Society shall meet as soon as possible to negotiate the applicable rate(s) of pay to be incorporated in the Agreement, and

c) The Parties will attempt to reach agreement before any appointment is made, but if the School Division believes in its discretion that there is an urgent need to make an appointment before negotiations are concluded, the School Division may do so on the terms which it has proposed, and

d) In the event that the representatives of the Parties are unable to reach agreement, the School Division will establish the rate(s) of pay, and the matter will then be dealt with through Article 5.13 Grievance Process, and

e) In any case, salary, allowances, and any other terms as agreed between by the Parties or established by an arbitration board shall be effective from the date of the appointment(s).

5.15 POSTING OF TEACHING POSITIONS

1. At the School Division’s discretion, teaching vacancies that arise throughout the year may be used to place Teachers returning from approved leaves.

2. Otherwise, teaching vacancies that arise throughout the year will be posted on the Divisional website for a minimum of four (4) working days for external Teacher candidates to apply.

3. Any term positions filled during the year that become permanent will be posted in the spring staffing period for the next School Year.

4. Postings shall be made available for the President of the Association to view.

5.16 LAYOFF

Prior to a Teacher(s) being laid off:

1. The School Division shall reduce a Teacher(s) on a full year Limited Term Contracts first, where during that term the Teacher is employed on the express written understanding that such Teacher will not, after the completion of such term, be employed by the School Division.  This does not apply to a Teacher(s) on a Limited Term Contract who are replacing a Teacher on leave for a duration of three (3) months or less. Once all full year Limited Term Teachers have been reduced; then;

2. The School Division shall reduce a Teacher(s) who has less than one (1) year teaching with a School Division provided that the Teacher(s) does not have the training, experience, and qualifications required by the School Division for a specialist or subject matter that the Teacher was employed to teach that would therefore go unfulfilled if the Teacher(s) was laid off, or if the Teacher was hired under a School Division’s Diversity, Equity and Inclusion (DEI) Program as provided for in layoff considerations in Article 5.19 4) b) i.

3. Teachers who are reduced under 1. and 2. above are not eligible for the following provisions of this Article and will have their employment terminated with no requirement for a hearing under Section 92 of The Public Schools Act.

4. Layoff

a) In the event of an impending layoff, the School Division shall meet with the President of the Teacher Association to discuss the implications of the layoff and shall provide the Association with a list of Teachers to be laid off. The meeting shall be held no later than May 1st in any School Year.

b) When it is determined by the School Division that a layoff is necessary, the School Division shall give first consideration to: i. Retaining Teachers who have been hired to provide a representative workforce as part of a School Division’s Equity program(s) under Article 5.19 Equity Programs. ii. Teachers hired under such a program may be ineligible for layoff until such time as the School Division has a representative workforce as outlined in their Equity Program target numbers. iii. Retaining Teachers having the greatest length of service with the Board.

c) Notwithstanding the foregoing, the School Division shall have the right to disregard the length of service of any Teacher in the event of a layoff, if such Teacher does not have the necessary training, academic qualifications, and experience for a specific teaching assignment within the School Division.

d) A School Division may determine that a principal and/or vice principal may be excluded from the provisions of this Article if there are layoffs at their school and a Teacher scheduled for layoff has greater length of service. e) The School Division shall maintain a seniority list showing the date upon when each Teacher’s service commenced and the total length of service for the purpose of determining seniority. The School Division shall provide the Association with the seniority list and shall post the seniority list in each school in the Division prior to February 1st of each year. Teachers shall have until February 28th to notify in writing any alleged omission or incorrect listing to the School Division. The seniority list will be finalized by March 15th.

f) Definitions: i. Training: Instruction received as preparation for the profession of teaching which instruction leads to the development of a particular skill or proficiency with respect to a particular subject or subjects. ii. Academic Qualifications: Refers to the classification in which a Teacher is placed by the Department including vocational/industrial arts, school clinician, and specialist certificates, as applicable. iii. Experience: The practical application of the training over a period of time with respect to the particular subject or subjects.

g) Length of Teaching Service: i. The Teacher’s length of continuous employment with the School Division on a Teacher General Contract beginning with the first teaching day after one’s most recent day of hiring of continuous employment (i.e. no breaks in service) with the School Division. This does not include employment on a Limited Term Teacher Contract nor employment as a substitute Teacher. Approved leaves of absence shall not constitute a break in continuity of service. ii. Where Teachers have the same length of continuous employment with the School Division as defined in i. above, the length of teaching service shall be determined on the basis of total continuous teaching experience (without a break in service) in the School Division if a Teacher previously had a Limited Term Teacher Contract before receiving a Teacher General Contract. iii. Where Teachers have the same length of service as in i. and ii. the length of teaching experience shall be determined on the basis of total recognized teaching experience by the Department. iv. If the total teaching experience in i., ii., iii. is equal, the Teacher to be laid off shall be determined by the Division.

h) Notice of any layoff shall be given to the Teacher no later than the 15th day of May in any School Year. Notice shall be copied to the Association to take effect September of the following School Year. Notice shall be copied to the Association and shall include a copy of this Article.

i) In unforeseen circumstances, a layoff may need to occur at a time other than September of the following School Year. The Parties will meet to discuss the circumstances and timelines for the layoff notice period. The minimum notice period shall be at least ten (10) teaching days.

j) The Teacher, within ten (10) teaching days of receiving notice of layoff, shall indicate in writing their wish to be placed on the re-employment list. Notwithstanding anything else in this Article, failure to respond within the time limit specified in this paragraph shall Page 25 of 55 relieve the onus on the School Division for that Teacher’s placement on the reemployment list and the Teacher shall lose seniority.

k) If, after layoffs have occurred and for a period of one (1) calendar year after the 30th of September following the date of layoff, positions become available, Teachers who have been laid off and have given written notice that they wish to be recalled, shall be offered the positions first, based on length of service with the School Division (seniority), providing such Teachers have the necessary training, qualifications, and experience for the position available.

l) Each Teacher shall keep the School Division informed as to their current address.

m) Teachers shall be recalled by phone/email or registered mail if required and must reply by phone/email or registered mail if required within five (5) days of receiving the recall notice. Teachers shall be required to return to work on the date set out in the notice or no later than nineteen (19) calendar days following receipt of such notification.

n) Failure to respond within the time limits specified or agreed to shall relieve the onus on the School Division for that Teacher’s placement on the recall list and they shall lose recall rights and seniority. If a Teacher refuses a position for which that Teacher has the necessary training, academic qualifications, and experience to perform the work in the offered position, such Teacher shall lose all rights for recall and seniority. To be clear, in the above two circumstances, the Teacher’s contract will be terminated and there will be no requirement for a hearing under Section 92 of The Public Schools Act.

o) If a Teacher is recalled as provided in m) above, the following will not be affected: i. Accumulated sick leave prior to the layoff; and ii. Seniority gained prior to being laid off but neither shall be accrued for the period of the time of the layoff.

p) In addition to o) above, a Teacher who has been laid off will also lose recall rights and seniority for any of the following reasons: i. The Teacher resigns or retires; ii. The Teacher becomes employed by another School Division as a regular full time Teacher on a Teacher General Contract; iii. The Teacher fails to return to work after the termination of any leave granted by the School Division; Page 26 of 55 iv. The Teacher is not re-employed one (1) calendar year after September 30th following the date of layoff; v. The Teacher’s contract is terminated for cause; vi. The Teacher who lost their right of recall/re-employment as a result of the application of this clause shall be notified as soon as possible that their teaching contract has been terminated and there will be no requirement for a hearing under Section 92 of The Public Schools Act.

q) Notwithstanding any other provisions of this Article, the foregoing layoff provision shall not apply to a Teacher continuously employed by the School Division under an approved form of agreement for a full School Year or less, or to a Teacher employed on a limited term contract not to exceed one (1) School Year where during that term the Teacher is employed on the express written understanding that the Teacher’s employment with the School Division will cease at the end of such term, provided however, no Teacher shall be laid off who has been employed by the School Division under an approved form of agreement for more than one (1) full School Year, where a Teacher with a full School Year or less of employment under an approved form of agreement or a limited term contract not to exceed one (1) School Year has not been laid off, having regard to the necessary training, academic qualifications and experience required for a specific teaching assignment of such Teacher employed under a limited term contract of a Teacher continuously employed by the School Division under an approved form of agreement for a full School Year or less.

5. Teachers with One (1) Full School Year or Less Where a Teacher employed under a Teacher General Contract for a full School Year or less and as a result of this Article that Teacher’s contract has been terminated and that Teacher is subsequently signed to a new Teacher General Contract then that Teacher’s length of service for determining layoff will be retroactive to the first teaching day under the previous Teacher General Contract with the School Division provided that employment is continuous.

6. Teachers Employed Under a Limited Term Teacher General Contract For the purpose of this clause a continuous Limited Term Teacher General Contract will be employment with the School Division under a Limited Term Teacher General Contract where there is no break in service between one Limited Term Teacher General Contract and another Limited Term Teacher General Contract or Teacher General Contract. For further clarity for 5.16 5. and 6., the summer, winter, and spring breaks will not constitute a break in service provided that Teacher has a contract in force and effect on the last teaching day of the summer, winter, or spring break and a Limited Term Teacher General or Teacher General Contract in force and effect on the first teaching day following that summer, winter, or spring break.

5.17 TEACHERS ON LIMITED TERM TEACHER-GENERAL CONTRACTS

Effective Fall Term of 2024 for Louis Riel School Division and Pembina Trails School Division and effective Fall Term 2025 for all:

1. Except as hereinafter provided, every Teacher employed by the School Division other than as a substitute Teacher shall be employed under a written form of contract known as Form 2 and/or Teacher General Contract in the Public Schools Act.

2. The exception to 5.17 1. above shall be those term Teachers employed for a term of one (1) School Year or less for the following reasons: a) to replace a Teacher on an approved leave or secondment. b) to replace a Teacher who has terminated employment in the Division during the School Year. c) to supplement classroom resources for a period of less than five (5) months. d) to fill a temporary position(s) funded by provisional funding or grants for a duration of up to one (1) year. e) to hire itinerant substitute Teachers on a term contract for a duration of up to one (1) year. f) a Teacher employed on a Teacher General Contract whose FTE is less than 1.0 FTE, may temporarily increase their FTE pursuant to a Limited Term Contract, in accordance with Article 7.13 – Changes to a Teacher’s FTE Assignment. Every term Teacher shall be employed by the School Division under a Limited Term Teacher-General Contract.

3. A Teacher who has been employed full or part time in the School Division under a Limited Term Teacher-General Contract for an entire School Year and is employed the following School Year under a Teacher-General Contract shall be entitled retroactively to seniority and accrued unused sick leave.

4. A Teacher who has been employed full or part time in the School Division under a Limited Term Teacher-General Contract for two (2) successive entire School Years shall, upon employment for a third (3rd) consecutive entire School Year, be signed to a Teacher-General Contract and shall be entitled retroactively to seniority and accrued unused sick leave. For the purposes of this Article, an “entire School Year” means employment for one hundred and eighty (180) or more School Days in the Limited Term Teacher-General contract year.

5. Placement of Term Positions for Teachers on Leave: If a School Division assigns a Teacher’s position to another school while they are away on leave, the School Division shall provide the Teacher with information as to where their position has been assigned to. The School Division shall also confirm with the Term Teacher assigned to the position the reason for the term assignment and assigned location. A School Division shall meet with the Association during the School Year to advise of permanent Teachers affiliated with the corresponding term positions and the location of the position, where applicable.

6. Probationary Period a) Teachers hired on a Teacher General Contact will be placed on a probationary period for a period up to ten (10) successive teaching months. The probationary period may cover two (2) School Years depending on when the Teacher was hired. b) Teachers will be deemed to have not attained tenure until they have worked with their School Division for more than one (1) full School Year (as defined in Article 1.06 Definitions) on a Teacher General Contract. Tenure means that a Teacher has rights under Section 92 (3) and (4) of The Public Schools Act. c) In the event of a leave of more than twenty (20) teaching days during the probationary period, the School Division may extend the probationary period corresponding to the amount of teaching days missed during the leave to allow for a full period in which to evaluate the Teacher. d) When a Teacher receives notification of termination during probation period, the date of notification is the final date for days counting towards tenure. e) Teachers under probation who are released from their Teacher General Contract are not entitled to the Article 5.16 Layoff and are not entitled to rights arbitration under Article 5.13 Grievance Process.

5.18 CONTRACTING OUT

1. In the event that a School Division is unsuccessful in recruiting for a specialist position or specialized service that would normally fall under the scope of this Agreement, the School Division and the Association will meet to discuss possible solutions. In the event that there is no viable internalstaffing orrecruitmentsolution, the School Division will notify the Association in writing of their intention to contract out the service or work and the reasons for contracting out. 2. The length of the contracted out services will be for the remainder of the School Year or, if longer, until such a time as mutually agreed by the School Division and the Association. 3. The School Division will make reasonable efforts to recruit for the position or service prior to the end date of the contracted service and/or for the start of the following School Year.

5.19 EQUITY PROGRAMS

1. A School Division may implement equity programs to increase teaching representation from various underrepresented or historically marginalized groups within their teaching complement. 2. When a School Division chooses to implement an equity program, the School Division will inform the Teachers’ Association prior to the program being implemented.