Exchanges

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.