Reduction in Hours (a) Reduction in hours shall be based on seniority, providing that affected employees have the qualifications to perform the work that is available and that licensing standards can be maintained. (b) Any regular employee offered a reduction of hours shall have the right to choose layoff as per Article 13.3. (c) Any regular employee offered a reduction of hours shall be given two (2) weeks’ notice of the reduction.
REDUCTION IN FORCE 2.8.1 If it becomes necessary because of federal contract modifications, insufficient funds, loss of enrollment, or an emergency caused by an act of nature, to decrease the number of unit members, the following principles shall apply in determining the order of unit members to be laid off (not in order of priority): (1) Last-in, first-out within subject area. (2) Job Performance. Management will not assess relative job performance in an arbitrary or capricious manner. Upon written request from an affected unit member or the AFT, management will explain in writing how job performance affects the order of layoff. A unit member with more than 10 (ten) years of service will be exempt from lay-off until all those with less service in the areas in which the unit member is certified and qualified have been terminated. Before an action to terminate personnel through layoff is taken, the Contract Training Manager will send a written notice to the affected unit member(s) and the AFT no less than fifteen (15) calendar days prior to the effective date of lay- off. Upon notice from the Navy that a program is to be discontinued, reduced in funding, or personnel are going to be laid off, the District must within three (3) working days of receipt of such notice send a written notice to the AFT communicating the Navy’s decision. 2.8.2 “Within subject area” is defined as the department the unit member has worked in: i.e., AC&R School, Electrical School, JIT School, and Culinary Specialist School, etc. However, a more senior unit member whose position is affected by the layoff or who is affected by “bumping” due to the layoff, and who is qualified and certified, in accordance with the Statement of Work, to teach in another job assignment in another department, will be allowed to displace a more junior unit member in the other job assignment. The District will determine which junior unit member will be displaced under this provision, based on the needs of the programs and on the qualifications and certification status of the junior employees. 2.8.3 No new unit member appointments shall be made while there are unit members who were laid off within the past twenty-four (24) months due to reduction-in- force and who are qualified for the position and who are available for reinstatement Reinstatements shall be made in the reverse order of the layoff (last laid-off, first re-hired).
REDUCTION IN STAFF A. If the Board shall determine that it is necessary to decrease the number of tenured faculty employed by the Board or to discontinue or reduce some particular type of teaching service or program, written notice of honorable dismissal and the reason for dismissal shall be given to all affected faculty members and the Union by personal service or by certified mail, and as required by law. In such instances, the Board shall first terminate non-tenured faculty members who are in the affected areas(s) prior to terminating any tenured faculty so involved. If feasible, prior to the Board taking action to honorably dismiss a tenured faculty member, the appropriate Vice President or designee and ▇▇▇▇ shall meet with the affected faculty member and his/her Union representative to provide notice of the recommended reduction action. B. If tenured faculty must be affected, all such honorable dismissals shall be in inverse order to the number of years of continuous full-time service to the College as a faculty member. A list called the “Seniority List for Reduction in Staff” shall be compiled and posted annually on the Intranet by February 1 of each year by the administration. Such list shall show the number of years of continuous service for each tenured faculty position by academic discipline and the rank of each tenured faculty member. The use of the “Seniority List for Reduction in Staff” shall be strictly limited in that it shall only be appropriate and applicable to matters pertaining to reduction in staff. Periods of leaves of absence shall not be deemed to interrupt continuous service, but any period of leave for which advancement on the salary schedule is not granted shall not be included in the years of service. Tenured faculty members on leave of absence at the time a reduction of staff is effectuated shall be treated no differently than other faculty members. If the number of years of service are the same, the selecting of the tenured faculty member(s) to be affected shall be within the discretion of the Board. Should a faculty member desire to be listed as qualified to teach in a discipline/department outside of his/her primary discipline for purposes of the annual “Seniority List for Reduction in Staff”, he/she shall submit a written request as set forth in Article 39 of this Agreement by November 1 of each academic year to the appropriate division ▇▇▇▇. The division ▇▇▇▇ has thirty (30) calendar days from receipt of the faculty member’s request to determine whether the faculty member meets the minimum qualifications for placement on the “Seniority List for Reduction in Staff” and to notify the faculty member accordingly. If the division ▇▇▇▇ denies the faculty member’s request, a reason shall be provided to the faculty member in writing. The faculty member has ten (10) calendar days to request review of the denial by the Vice President for Educational Affairs, who will make the College’s final determination as described in Article 39 of the Agreement. The final determination shall be issued within ten (10) calendar days from receipt of the faculty member’s request. If deemed qualified for another academic discipline/department, the faculty member’s placement will be effective with the College’s next posting of the “Seniority List for Reduction in Staff”. If a reduction in staff is deemed necessary, the College will rely upon the most current “Seniority List for Reduction in Staff” for purposes of determining a faculty member’s qualifications to teach at the time the reduction is effectuated. The timelines included herein may be extended by mutual agreement of the Union and the College. C. Tenured faculty members in an affected teaching service or program shall not be released if part-time and/or overload assignments in the affected area are being maintained which would constitute a full-time load for which the released faculty member is fully qualified to teach and which can be reasonably scheduled. If the Board shall determine to restore an affected teaching service or program which necessitates an increase in full-time faculty (i.e., when course offerings, enrollments, or student needs for at least one academic year are sufficient in the affected area so as to justify the employment of a full-time faculty member) or to restore individual faculty positions in any affected area, prior to the beginning of the third academic year following the year the faculty member(s) was honorably dismissed, the Union shall be notified. Such added position(s) shall be first offered to qualified faculty member(s) released in inverse-order to the order of honorable dismissal. Such offer shall be sent by certified mail to the faculty member's last known mailing address. If the notified faculty member(s) accepts the restored position(s), there will be no loss in tenure status. If the faculty member does not respond affirmatively by certified mail within ten (10) calendar days of receipt of such offer of reemployment, the Board's obligations hereunder shall be terminated. D. In situations where a faculty member is hired in one department and subsequently moved or deemed qualified to teach in another department, the faculty member will be listed in both departments provided they are qualified to teach pursuant to Article 39.