Designation of staff affected by ss. 169.1 and 169.2
169.3 (1) When the School Board ceases to perform functions under section 169.1 or 169.2 because of a resolution under section 169.1 or 169.2, the repeal of subsections 169.1 (1) and (2) or the repeal of subsection 169.2 (1), the School Board shall designate the persons employed by the School Board whose services will no longer be required by the School Board. Transfer of employment (2) The employment contract or employment relationship, as the case may be, of a person designated by the School Board under subsection (1) is transferred to, and assumed by, the board of education in the Metropolitan Area that is assuming the functions that were performed by the School Board, effective on the date the board of education assumes the functions. Same employment (3) The board of education to which the employment contract or employment relationship of a person is transferred under subsection (2) shall employ the person in a position that is substantially the same as the position in which the person was employed immediately before the transfer. Same (4) For the purpose of subsection (3), the person whose employment contract or employment relationship is transferred shall be deemed to have the qualifications required for a position in which he or she is required to be employed under subsection (3), but nothing in this subsection affects the person’s ability to qualify for employment in another position or in a location other than the location in which he or she is employed immediately after the transfer. Salary or wage rate (5) A designated person employed by a board of education to which the person’s employment contract or employment relationship is transferred under subsection (2) has the right following the transfer to receive a salary or wage rate of not less than the salary or wage rate that the person was being paid immediately before the transfer, but if the salary or wage rate of the position in which the person is employed by the board of education is lower than the salary or wage rate the person was being paid immediately before the transfer, the person is not entitled to any increase in salary or wage rate until the salary or wage rate of the position becomes equal to the salary or wage rate the person was being paid immediately before the transfer. Seniority and employment status (6) A designated person employed by a board of education to which the person’s employment contract or employment relationship is transferred under subsection (2) has the right to commence employment with the board of education with the same seniority, the same credit for service and the same probationary or permanent status that the person would have had if the person had commenced employment with the board of education when he or she last commenced employment with the School Board. Sick leave credits (7) Sick leave credits standing to a designated person’s credit immediately before the person’s employment contract or employment relationship is transferred under subsection (2) shall be transferred to the plan maintained by the board of education to which the contract or relationship is transferred at the time the contract or relationship is transferred. Credit for total accumulation (8) If the number of sick leave credits transferred exceeds the total number of sick leave credits that may be accumulated under the plan to which they are transferred, the designated person shall be given credit in the plan for the number transferred but is not entitled to accumulate further sick leave credits under the plan unless the plan is amended to permit greater accumulation. Accumulation and use of sick leave credits (9) Subject to subsection (8), a designated person employed by a board of education to which the person’s employment contract or employment relationship is transferred under subsection (2) is entitled to accumulate and to use sick leave credits in accordance with the plan maintained by the board of education to which the contract or relationship is transferred. Sick leave credit gratuity (10) On termination of employment with the board of education to which a designated person’s employment contract or employment relationship is transferred under subsection (2), the person is entitled to any payment in respect of unused sick leave credits to which the person is entitled under, (a) the collective agreement that applies on the last date the person is employed by the board of education before the termination of employment, if a collective agreement applies in respect of the person on that date; or (b) the policy of the board of education as of the last date the person is employed by the board of education before the termination of employment, if no collective agreement applies in respect of the person on that date. Grievance procedure (11) Sections 137 to 142 of the Education Act apply with necessary modifications to disputes in respect of the designation of or failure to designate a person, and to disputes in respect of any matter arising under this section between a designated person and the board of education to which the person’s employment contract or employment relationship is transferred under subsection (2). 1993, c. 11, s. 49. Note: Effective January 1, 1998, Part IX (sections 170 to 174) is repealed. See: 1997, c. 2, ss. 28 (1), 31 (2). PART IX   REGIONAL LIBRARY BOARD