Common use of Staff Reduction Procedures Clause in Contracts

Staff Reduction Procedures. UNIT B 40.1. An employee may be laid off as a result of demonstrable financial exigency or demonstrable enrollment reduction, or as a result of a modification of curriculum or program instituted through established program review procedures. If financial exigency is asserted as the basis for a layoff, the financial exigency must be demon­strated to be University-wide. 40.2. If the Board decides it is necessary to lay off employees according to this Article, the factors which will be considered are length of full-time service at the University, including approved leaves; length of full-time service in the department/unit, includ­ing approved leaves; educational qualifications; professional training; and profes­sional experiences. The layoff of employees shall be in the order listed below: Temporary employees Employees based on seniority for Academic Support Professionals, seniority within the roster for Associate Faculty, and program need 40.3. The University shall make a reasonable effort to locate other equivalent employment within the University for a laid-off employee prior to the effective date of her/his layoff. The results of such effort shall be made known to the person affected. The effort to locate other equivalent employment shall include a review of the possibility of an assignment with duties in more than one unit, part-time employment, transfer to another unit or position pursuant to Article 36, or retraining pursuant to Article 41. 40.4. A laid-off employee who accepts such other bargaining unit employment shall, with Board approval, retain accumulated rights or benefits. 40.5. An employee shall be given the same notice in the event of a layoff as would be given in the event of non-renewal of her/his appointment. In cases of extreme and immediate financial exigency, notice requirements will not apply and layoffs may be effective immediately. a. Prior to the effective date of her/his layoff, an employee given notice of layoff may request a meeting with the Academic Vice President to establish (1) the description of the employee's position at the time she/he was given notice of layoff and (2) the areas of bargaining unit employment for which the employee is qualified on the basis of training or experience. b. The University will maintain a list of employees who are laid off for a period of three years after the layoff. If an employee's position at the time she/he was given notice of ▇▇▇▇▇▇ is reinstated during such period, the employee shall be sent notice of that fact at the employee's last known address and offered reemployment. It shall be the employee's responsibility to keep the University advised of the employee's current address. An offer made pursuant to this Article should be sent by certified mail and must be accepted within 30 cal­endar days, such acceptance to take effect no later than the beginning of the academic term specified in the offer. If the offer is not accepted, the employee's name may be deleted from the list and, if so deleted, the University shall have no further obligation to the employee. During the three-year period specified in Article 40.6.b. above, notice of bar­gaining unit employment opportunities at the University for which the employee is qualified shall be sent to the employee at her/his last known address. If the employee applies for consideration for any such employment opportunity, she/ he shall be granted an interview. If the employee fails to apply for the oppor­tunity within 15 days from the date the notice is sent to the employee, or if the employee is not offered reemployment, her/his name shall remain on the layoff list for the remainder of the period specified in Article 40.6.b. above. An employee who has been laid off and who accepts reemployment in a bar­gaining unit position at the University shall, upon reemployment, be credited with any sick leave which the employee had accrued as of the effective date of layoff, and with any annual leave which the employee had accrued as of the effective date of layoff and for which the employee has not received payment. The salary of a laid-off employee who resumes employment in a bargaining unit position at the University shall be adjusted to reflect non-discretionary increases to which the employee would have been entitled if not laid off. 40.7. An employee who is laid off may continue to contribute toward and receive the benefits of any State or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or SURS so permit.

Staff Reduction Procedures. UNIT BA 40.124.1. An employee may be laid off as a result of demonstrable financial exigency or demonstrable enrollment reduction, or as a result of a modification of curriculum or program instituted through established program review procedures. If financial exigency is asserted as the basis for a layoff, the financial exigency must be demon­strated to be University-wide. 40.224.2. If the Board decides it is necessary to lay off employees according to this Article, the factors which will be considered are length of full-time service at the University, including approved leaves; length of full-time service in the department/unit, includ­ing including approved leaves; educational qualifications; professional training; and profes­sional professional experiences. The layoff of employees shall be in the order listed below: Temporary full- and part-time faculty Associate Faculty Full-time employees Employees based on seniority probationary appointment (without tenure) Tenured employees 24.3. No tenured employee shall be laid off for Academic Support Professionals, seniority within the roster for Associate Faculty, and program needpurpose of creating a vacancy to be filled by an administrator entering the bargaining unit. 40.324.4. The University shall make a reasonable effort to locate other equivalent employment within the University for a laid-off employee prior to the effective date of her/his layoff. The results of such effort shall be made known to the person affected. The effort to locate other equivalent employment shall include a review of the possibility of an assignment with duties in more than one unit, part-time employment, transfer to another unit or position pursuant to Article 3625, or retraining pursuant to Article 4127.3. 40.424.5. A laid-off employee who accepts such other bargaining unit employment shall, with Board approval, retain accumulated rights or benefits. 40.524.6. An employee with a probationary appointment shall be given the same notice in the event of a the layoff as would be given in the event of non-renewal of her/his appointmentappoint­ment. As specified in 20.8.b., a tenured employee who has received notice of layoff shall be employed for at least one additional academic year. In cases of extreme and immediate financial exigency, notice requirements will not apply and layoffs may be effective immediately. 24.7. a. Prior to the effective date of her/his layoff, an employee given notice of layoff may request a meeting with the Academic Vice President to establish (1) the description of the employee's position at the time she/he was given notice of layoff and (2) the areas of bargaining unit employment for which the employee is qualified on the basis of training or experience. b. . The University will maintain a list of employees who are laid off for a period of three years after the layoff. If an employee's position at the time she/he was given notice of ▇▇▇▇▇▇ is reinstated during such period, the employee shall be sent notice of that fact at the employee's last known address and offered reemployment. It shall be the employee's responsibility to keep the University advised of the employee's current address. An offer made pursuant to this Article should be sent by certified mail and must be accepted within 30 cal­endar days, such acceptance to take effect no later than the beginning of the academic term specified in the offer. If the offer is not accepted, the employee's name may be deleted from the list and, if so deleted, the University shall have no further obligation to the employee. During the three-year period specified in Article 40.6.b. above, notice of bar­gaining unit employment opportunities at the University for which the employee is qualified shall be sent to the employee at her/his last known address. If the employee applies for consideration for any such employment opportunity, she/ he shall be granted an interview. If the employee fails to apply for the oppor­tunity within 15 days from the date the notice is sent to the employee, or if the employee is not offered reemployment, her/his name shall remain on the layoff list for the remainder of the period specified in Article 40.6.b. above. An employee who has been laid off and who accepts reemployment in a bar­gaining unit position at the University shall, upon reemployment, be credited with any sick leave which the employee had accrued as of the effective date of layoff, and with any annual leave which the employee had accrued as of the effective date of layoff and for which the employee has not received payment. The salary of a laid-off employee who resumes employment in a bargaining unit position at the University shall be adjusted to reflect non-discretionary increases to which the employee would have been entitled if not laid off. 40.7. An employee who is laid off may continue to contribute toward and receive the benefits of any State or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or SURS so permit.