ARTICLE L30 TRANSFER AND
PLACEMENT
L30.01 General
a) The following types of transfer and placement are
provided for under this article:
• Reassignment from one
teaching position to a position at another location for which the
Teacher is qualified and capable;
• Direct exchange of teaching
assignments between two or more Teachers at different
schools;
• Voluntary transfers and/or
exchanges effected at the request of the Teacher(s)
concerned;
• Transfers required to meet
program needs and/or caused by enrollment changes;
• Placement of Teachers
returning to the system.
b) Accommodation will be made for Teachers with
limitations in accordance with the Ontario Human Rights Code
Section 17.(1) and supported by a certificate from the appropriate
treating medical practitioner where deemed necessary.
Transfer and Placement Process
L30.02 Vacancies
a) Vacancies created as the result of a new school opening
shall be advertised prior to List 1.
b) No later than 1 May the board shall provide to each
school principal a list of known vacancies which will exist in the
system as of next 1 September.
Three vacancy lists will be posted by 1 June in the
schools in accordance with the staffing timelines determined by the
Elementary Staffing Committee mandate.
All vacancies, which arise from promotions or selection to
Central positions, will be posted, regardless of when vacancies
become known.
For the purposes of vacancy list three only, the list will
be posted in two parts:
List 3 (a) full-time and part-time internal candidates may
be considered for the vacancies; then
List 3 (b) internal and external candidates may be
considered for the vacancies.
c) Teachers shall apply to the vacancy list through the
Board's electronic application system.
Postings for vacancies will be made available for
electronic application over the summer. Posting periods will be
announced annually.
All qualified applicants will be interviewed provided such
interviews can be accommodated within the time available by the
publishing of vacancy lists.
All applicants interviewed shall be contacted with their
results of the competition. The acknowledgement/interview process
shall only apply to Teachers who are seeking a transfer/placement
or increase in contract status.
d) When a Teacher has been selected for a vacancy, that
vacancy shall be considered filled and the Teacher's former
position, in turn, shall be declared vacant and posted as a vacancy
when possible.
Once having accepted a vacancy, orally or in writing, a
Teacher shall not be entitled to apply for a subsequent vacancy
except when a Teacher has been declared surplus to schools, and the
vacancy arises at the original location where the Teacher was
declared surplus in accordance with Article L30.06 (a) prior to 25
August.
When, in the spring staffing process, a Teacher has
accepted an assignment in another location and such assignment is
subsequently changed to a different division or program, that
Teacher shall be eligible to compete for vacancies in the
originally assigned division or program.
L30.03 Eligibility
All Teachers in the Bargaining Unit, including those
returning from leave of absence and those requiring placement
because of surplus situations, may apply for vacancies published by
the Board.
L30.04 Seniority Transfer and Placement
Process
a) Seniority Transfer and Placement Process requests (no
right of refusal if transfer effected as requested) will be
considered following the posting of the second system wide vacancy
list and interviews referred to in Article L30.02 have
occurred.
All requests made in accordance with the following
categories shall be considered in the following priority
order:
i. Teachers with the Board ten (10) or more years;
and
ii. Teachers with seven (7) or more years experience in
the same location.
It is understood that such requests will be considered on
the basis of seniority, qualifications, capability and Teacher
preference for geographical area and subject/grade level. It is
further understood that Seniority Transfer and Placement Process
requests will not be actioned where performance concerns
exist.
b) When a Teacher cannot meet either of the eligibility
requirements of Article L30.04 (a) (i) or (ii), but due to
mitigating circumstances requires a transfer, the request may be
granted by the Superintendent of Human Resources or designate
following consultation with the Chair of CBC. Such requests shall
not be unreasonably denied.
L30.05 Placement of Teachers Returning from Leave
and/or Unassigned to Positions
Following the Seniority Transfer and Placement Process in
Article L30.04, the Board shall place Teachers who are unassigned
to positions and who are qualified and capable to fill available
positions. Such Teachers will be tentatively assigned to vacancies
of positions held by the least senior Teachers, subject to the
above. Placements shall be confirmed no later than 1
June.
L30.06 Placement Process for Subsequent
Vacancies
Subject to the placement of Teachers who are declared
redundant, remaining vacancies will be filled according to the
following preferential procedure:
a) A Teacher who has been required to transfer from a
school shall have the right to return to a vacancy in his/her
original school prior to 25 August.
b) A Teacher who has been required to transfer to a
different program shall have the right to return to a vacancy in
his/her original program prior to 25 August.
L30.07 Part-time Teachers Increasing
Status
a) In staffing posted positions, Principals shall consider
part-time Teachers who have applied to the vacancy prior to
consideration of Occasional Teachers and external
candidates.
b) In the process of staffing positions that are not
posted, Principals shall consider part-time Teachers who have
submitted an expression of interest in increasing their status
prior to consideration of Occasional Teachers and external
candidates.
L30.08 Staffing Imbalances
a) Staffing imbalances, due to schools being under-staffed
or over-staffed, may exist after the beginning of the school
year.
b) Normally, staffing imbalances will be corrected by
voluntary transfer.
c) i) Vacancies arising in September shall be
posted electronically and applications shall be
accepted from all Teachers.
ii) Placement of Teachers shall be monitored
by the Human Resources department to ensure that,
prior to any increase in status or external hiring taking
place, all Teachers who require placement are
assigned.
d) The Board shall provide a site seniority list in
September to sites which require the data for surplus declaration
due to staffing imbalances. The seniority shall be based on the
information provided to the Board at the time of issuing the site
seniority list.
e) Where a Teacher transfers from a school due to staffing
imbalances, the Board shall provide two (2) day's release time to
assist the Teacher with the transfer. This may be accomplished
through Occasional Teacher coverage in internal
reorganization.
f) In applying Article L30.08, the Board shall make every
reasonable effort to maintain a part-time Teacher's morning or
afternoon assignment within a school unless the Teacher requests a
change. In the event such a change is required, it shall not be
effected until there has been a meeting held between the Teacher
and the principal for the purpose of discussing all of the
implications of the reassignment at least two (2) days prior to the
actual reassignment. A Teacher may choose to have the appropriate
supervisory officer and a representative of the Union attend the
meeting.
L30.09 Transfers Throughout the School
Year
Where circumstances dictate that a Teacher should be
reassigned during the school year, but specifically prior to 1 May,
the Board shall have the right to undertake such reassignment of
the Teacher to correct the situation. In all such cases the
Teachers involved will be consulted before the transfers are
effected. A Teacher may choose to have the appropriate supervisory
officer and a representative of the Union attend the
meeting.
L30.10 Vacancies During the School
Year
a) When the Board determines that, following the
correction of staffing imbalances as per Article L30.08, there is a
teaching vacancy which arises during the school year, and for which
a Bargaining Unit Teacher is required, this vacancy will be
posted.
b) Subject to seniority and qualifications, applicants
will be considered in the following order:
i. Teachers wishing to transfer will be
considered and if successful, will transfer to the new
location the following September,subject to Articles L25, L29 and
L34;
ii. Part-time Teachers who wish to increase
their employment status will be considered. Successful
applicants may immediately assume all or 84 To Alphabetical
List part of the vacancy, provided the provisions
outlined in Article L27.01, L27.02 , L27.03, L27.04,
L27.05 and L27.06 can be met.
iii. Occasional Teachers;
iv. External hires.
c) Teachers transferring during the school year under the
provisions of Article L30.10 (b) (i) and for whom there is no
longer an assignment at their new school shall have the right
to:
i. elect to maintain their seniority rights
at their school of origin; or
ii. be declared surplus and have access to
the placement process of Article L30.04.
L30.11 RedundancyNotification
On the 15th day of June, or the teaching day immediately
preceding, Teachers who have not been assigned to a regular
teaching position or who have been displaced by a more senior
Teacher, will be notified of possible redundancy in writing and
copy of such notification will be sent to the Union.
Teachers who have received notification of termination due
to redundancy may apply for leave under the provisions of ARTICLE
L19 in order to attend job interviews.
L30.12
a) The Board may fill vacancies including hiring or
transferring Teachers for positions:
i. For which there are no Teachers who are
qualified and capable,
ii. For which there are no Teachers who are
willing to undertake the necessary additional training
and who accordingly would become qualified and capable.
iii. Teachers who have been hired under
conditional offers of employment shall not exercise
their seniority in preference to any other Teacher until those
conditions have been met.
b) No Teacher shall be transferred either permanently or
temporarily should such transfer place an elementary Teacher in a
position of redundancy.
L30.13 Teacher Exchanges
a) Where a Teacher wishes to exchange teaching
assignments, that Teacher shall declare an interest by submitting a
request on the Human Resources Conference Exchange folder, no later
than 15 January preceding the school year in which the exchange
will take place. The format of the Human Resources Conference
Exchange folder shall be determined by the
Union/BoardCommittee.
b) Subject to the agreement of the Principals involved,
and subject to the confirmation by the Superintendent of Schools, a
temporary one-year exchange will be confirmed on or after 1 May to
be effective at the commencement of the next school year, subject
to surplus and redundancy procedures.
c) Subject to the agreement of the Principals involved,
and subject to the confirmation by the Superintendent of Schools, a
temporary one-year exchange will be confirmed as permanent on or
after 1 May to be effective at the commencement of the next school
year, subject to surplus and redundancy procedures.
L30.14 Placement of Teachers in a Board Office
Assignment
Subject to the transfer, surplus and redundancy provisions
of this Collective Agreement, Teachers in a Board Office assignment
shall have the right to return to his/her original school at the
end of the first year of the assignment provided such a desire is
indicated in writing to the Board no later than 30 March of that
year.
L30.15 Right of Return
Teachers on Leave of Absence in a central assignment will
have right of return to their school for a period of up to two (2)
years.
ARTICLE L31 INTERPANEL
EXCHANGE
L31.01
Voluntary exchanges between panels by Teachers may be
effected by the Board for a period of up to two (2) school
years.
L31.02
With all exchanges, seniority, experience, salary and all
benefits shall continue to accumulate or remain in force as
stipulated by the Collective Agreement covering the Teacher prior
to the exchange (or as stipulated by a renewal of this Collective
Agreement).
L31.03
Prior to the implementation of an interpanel exchange, the
exchange shall be discussed with the President of the
Union.
L31.04
Subject to the transfer, surplus and redundancy provisions
of this Collective Agreement, the Teacher shall have the right to
return to his/her original school at the end of the first year of
his/her exchange provided he/she indicates such a desire in writing
to the Board no later than 30 March of that year.