Retrenchment, Retraining, and Reinstatement
For Full-time Employees ( CONTRACT - page 99 )
1. When a tenured faculty member is to be retrenched for financial reasons the College/University will attempt to provide the involved individual with a full academic year or two successive semesters' written notice of such action, but in no case shall such written notice be less than one hundred ninety-five (195) days.
2. When a tenured faculty member is to be retrenched for programmatic reasons exclusively, the College/University will provide the involved individual with a full academic year or two successive semesters' written notice of such action.
3. Employees who are to be retrenched during the term of a multi-year contract will be given one hundred eighty (180) calendar days written notice of such action.
4. In the event it becomes apparent that retrenchment notices will be issued, the College/University will inform the UNION of the general circumstances, and if so requested by the UNION, within five (5) calendar days of being informed, the College/University will consult with the UNION concerning such circumstances.
5. In the event that a tenured faculty member is notified of retrenchment and feels that with additional academic training, he or she may qualify for another position at the College/University, and the President agrees that, subject to acceptable completion of such training and the availability of such other position, and after consultation with the appropriate department, similar academic unit or library, that the individual would qualify, the individual will be given priority consideration for an available sabbatical leave under Article XXVII and/or Tuition Reimbursement under Article XXVIII. The President in such circumstances may at his or her discretion waive the requirements of Article XXVII.A.1.
In addition, as an exception to the limitations of Article XXVIII, the President may approve tuition reimbursement out of available funds up to a maximum of sixteen (l6) credits for the involved academic year.
6. If a fiscal crisis which would require the reduction of members of the unit occurs at any or all of the State Colleges/Universities, and if the occurrence does not permit the notification periods specified herein, then, if authorized by the Governor, as an alternative, the dollar value of the shortfall may be met by withholding a portion of the current salaries of all unit employees at the affected College/ University for part or all of the remainder of the fiscal year. The percentage of salary retained by the College/University and withheld shall be the same for all employees but shall not exceed 3% of their annual base pay. Monies which were withheld shall be returned to employees in the following fiscal year or in the next following fiscal year if the crisis continues. The contribution to the individual's pension plan shall not be reduced during the period of this withholding.
Whenever there is a likelihood that this program of adjustment might have to be employed, the STATE shall consult with the UNION on all aspects of the crisis and consider any alternative suggestions which are offered.
7. Nothing herein shall be construed as a waiver of any rights an individual employee may have under the tenure laws or other STATE or Federal laws or constitutional provisions.
8. In the event of a reduction in force due to a fiscal crisis, each teaching, library or administrative area to be reduced shall constitute a layoff unit. Layoff units need not be coincident with established departments or other subdivisions or units but may include identifiable programs or further subdivisions or specialities within programs as appropriate.
9. To the extent it is not inconsistent with the preservation of the institutionís academic integrity and educational purpose, layoffs within a layoff unit shall be made in order of years of service, laying off employees with the fewest years of service first.
10. The College/University shall establish a reemployment list, including the names and qualifications of all employees on layoff status at the College/University. Non-tenured or non-multi-year contract employees shall remain on the reemployment list until the end of the annual contract pursuant to which they were employed on the date of layoff. Employees who are tenured on the date of layoff shall remain on the reemployment list for a period of five years from the date of layoff. Employees serving under a multi-year-contract on the date of layoff shall remain on the reemployment list for the duration of the multi-year contract. The College/University shall not fill a vacancy in an administrative, library or teaching area without first making a written offer of reemployment by certified mail to those employees on the reemployment list, if any, who the President believes as a result of his or her academic judgment are qualified to fill the position. In the event that two or more employees on the reemployment list have accepted an offer of reemployment of a single vacancy, the College/University shall give reemployment preference in faculty, librarian and professional staff positions in reverse of the order in which they were laid off that is, last laid off, first rehired.
11. Employees offered reemployment shall have two weeks from receipt to respond to an offer, which shall be sent via certified mail return receipt requested, after which it shall be deemed to have expired. Employees on a re-employment list shall have the obligation to keep the College/University President informed of current addresses.
12. An employee on layoff status who is re-employed after layoff shall be reappointed with a rank and salary at least equivalent to his or her rank and salary step when laid off, unless employed in another capacity.
B. While any non-reappointment action of a College/University is not to be considered a retrenchment, any employee who is notified of non-reappointment with the exclusive reason being financial considerations will be given priority consideration for continuation in the job held at the time of non-reappointment, under the following circumstances:
1. The involved individual notifies the President of the College/University within thirty (30) days of non-reappointment, in writing, of his or her desire to be given preferential consideration.
2. The individual responds in writing to any written offer to the reinstated job within ten (l0) calendar days of mailing of such written offer, agreeing to acceptance of the job. The College/University may not require a starting date which is less than fourteen (l4) calendar days from the date of the expiration date of the College's/Universityís written offer. For faculty members, if the reporting date does not coincide with the beginning of a semester, the individual shall, upon request, be given a reporting date coinciding with the start of such next semester if the term of the position includes such next semester.
3. In the event that the individual accepts the job offer and commences employment during the academic year following the individual's last previous date of employment, such individual will be treated as not having a break in service, except that any necessary adjustments in the reappointment process will be made by the College/University in consultation with the individual and the UNION. In the event the individual has not been employed for any part of the academic year preceding the commencement of reemployment, the individual will be treated as a new employee, except that the individual's rank and salary rate may not be lower than the individual's rank and salary rate at the time last employed.
4. The priority rights will continue for the two (2) academic years succeeding the year in which notice of non-reappointment is given.