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ARTICLE 10 - RETRENCHMENT
10.1 Definition. For
the purpose of this Article, retrenchment means a partial
or full layoff of any contracted employee for any
good-faith reason other than disciplinary, performance
related, or personal reasons.
10.2 Association Notice.
Whenever the College determines that a retrenchment is
necessary and the retrenchment will affect employees
beginning with the new academic year in the fall, then
the College by no later than March 15 of the preceding
academic year shall schedule a meeting with the
Association to discuss the general subject and possible
alternatives. Whenever the College determines that a
retrenchment is necessary at any other time, then at
least sixty (60) calendar days before its implementation,
the College shall schedule a meeting with the Association
to discuss the general subject and possible
alternatives.
10.3 Layoffs. Layoffs
necessitated by the retrenchment shall be in the inverse
order of seniority within the affected unit so long as
the employees to be retained are qualified to perform the
remaining duties.
10.4 Seniority - Grant Funded.
Employees hired after July 1, 1993 specifically for a
grant-funded project shall not accrue seniority other
than within the grant-funded program for which they were
hired, or be placed on the RIF Report until they have
been rehired for a fourth consecutive academic year. In
such case, the employee shall be afforded probationary
status and seniority will be credited from the first date
of employment.
10.5 Seniority - Defined.
Seniority is defined as the employee's total continuous
service commencing on his/her first actual workday of
continuous employment in the bargaining unit. For layoff
purposes, seniority will be calculated to the date of
employee notice requirement.
10.6 Seniority - Based on FTE.
For the purpose of layoff, a contracted employee's
seniority shall be based on the ratio of his/her past
continuous work schedule to the full-time standard.
10.6.1 A contracted
employee whose contracted workload varies without a
break in service shall receive seniority credit for
such service based on the above formula.
10.6.2 A contracted employee
shall receive additional seniority credit for
overloads and summer assignments. Total seniority
credit shall not exceed the full-time standard.
10.6.3 In the event of a layoff,
a contracted employee who has, during any part of the
previous three (3) years, been assigned to less than
1.0 FTE in a unit will have a seniority claim to an
assignment in that unit equal to the average of
his/her annual workloads in that unit since beginning
work in said unit or for the previous three (3) years,
whichever represents the lesser amount of time.
However, such average workload may be adjusted when
necessary to accommodate reasonable work
assignments.
10.6.4 Notwithstanding 10.6.3
above, an employee assigned to more than one unit may,
with the consent of the College, have all of his/her
seniority credited to any one of the units of present
assignment and have a seniority claim to an assignment
in that unit equal to the total of all assignments. By
this action, the employee would relinquish all claim
to assignments in other units.
10.6.5 The College and the
Association recognize that occasional circumstances
will arise where an employee has an unusual employment
situation and the provisions of this Article seem not
to be appropriate. In such cases the parties will meet
to attempt to determine the appropriate seniority
claims. Such agreements, if any, must be consistent
with the examples made part of the bargaining record
at the time of the adoption of this language.
10.7 Elimination of
Contracted Positions.
10.7.1 Part-time
Employees. Part-time employees will not be hired
to fill positions of qualified contracted employees
who are on layoff.
10.7.2 Temporary Contracted
Positions. Temporary contracted faculty may
only bump into work within the scope defined by their
temporary contract.
10.7.3 Maintaining
Contracted Positions. Contracted positions
shall not be eliminated for the sole purpose of
dividing, or continuing to divide, a full-time
assignment among part-time faculty.
10.8 Retrenchment Units. For
the purpose of retrenchment, seniority shall be
considered in the following categories in order and
respectively: (I 1) temporary
employees, (2) probationary employees, and (3) permanent
employees, and within the following units which are based
on related job skills:
10.8.1 Business Occupations
10.8.2 Cooperative Education
10.8.3 Developmental Education
(noncollege credit)
10.8.4 Health and Physical
Education/Athletics
10.8.5 Humanities
10.8.6 Industrial Technology and
Trades
10.8.7 Science and
Mathematics
10.8.8 Social Science
10.9 Retrenchment Report.
The College shall prepare a report for each of the above
affected units by October 15 of each year. Each report
shall set forth the following information:
10.9.1 The names and
seniority of all bargaining unit employees in each
unit shall be listed in descending order of
seniority.
Faculty who are currently outside a RIF unit but who
are certified to teach courses inside that RIF unit
will be listed below a double line at the bottom of
the report. In the event of layoff, this allows those
listed below the double line the opportunity to claim
a vacant position in their RIF unit, if they are
qualified for it. Employees listed below this line
have no " bumping rights" within
this unit and cannot displace a less senior faculty
member in this unit should a RIF occur.
10.9.2 The courses and/or
activities provided within the unit shall be displayed
in alphabetical and/or numerical order. The listing of
a course or activity will signify that a person meets
the College qualifications required for assignment to
it.
If faculty are certified to teach OUTSIDE their RIF
unit, the courses or activities will be listed below a
double line near the bottom of the page. Certification
of these courses offers the opportunity to claim a
vacant position in the event of layoff.
10.9.3 A copy of the report
prepared for each affected unit shall be sent to the
Association and shall be available in Personnel
Services for review by any member of the bargaining
unit. Each bargaining unit employee shall also be sent
a copy of the report for the affected unit in which
they are included no later than October 15 of each
year.
10.9.4 Employees initially hired
after the October 15 date shall be placed on the
report in the aforementioned manner within thirty (30)
working days after beginning work.
10.9.5 An employee shall have
thirty (30) working days from the date he/she receives
the report to initiate a grievance concerning
placement in a particular affected unit, and/or
seniority, and/or qualifications. The final
determination of employee qualifications shall be
based upon the qualifications on file as of the date
of notification of layoff.
10.10 Retrenchment
Seniority.
10.10.1 In the event a
reduction in force becomes necessary, the College
shall display the courses and/or activities provided
within the affected units in descending order of
priority and in conformance with the time line
specified in Section 10.2. The determination of who is
to be laid off will be made as follows:
10.10.2 Employees with greater
seniority will be retained over less senior employees
provided that they have the minimum qualifications to
perform the remaining duties. Whenever possible,
reduction in force shall be applied so as to protect
contracted positions.
10.11 Retrenchment and Transfer
on Report. Before laying off an employee, the College
will attempt by seniority to place the faculty member in
any vacant position in the bargaining unit for which the
employee meets the minimum qualifications. An employee
transferred under this provision shall retain recall
rights under this Article.
10.12 Transfer of Unit
Seniority. Employees who transfer to a new affected
unit shall continue to accrue seniority in their original
unit for three (3) years. At the beginning of the fourth
(4th) year of the new assignment, all seniority will be
transferred to the new affected unit.
I10.13 Effect of Leave on
Seniority. Unless provided for otherwise in this
Agreement or properly executed Memoranda of
Agreements, Eemployees on
full or part-time unpaid leaves will retain seniority
earned prior to such leaves but shall not earn seniority
for the period of such leaves. Employees on full or
part-time paid leaves shall continue to earn seniority
for the period of such leaves. In the event of layoff and
two or more employees have equal seniority, the employee
with the earliest date of hire as a continuous bargaining
unit employee shall be considered senior.
10.14 Nonbargaining Unit
Seniority. Employees of the College may be granted a
leave of up to thirty-six (36) months from a position
included in the bargaining unit while still employed by
the College and shall retain their seniority earned while
employed in a position covered by the bargaining unit,
but shall not accrue additional seniority. However,
employees who remain outside the bargaining unit for more
than thirty-six (36) consecutive months shall relinquish
all seniority rights unless specified otherwise in
this Agreement or properly executed Memoranda of
Agreements.
10.14.1 Any
administrator/manager who elects to return to
the unit after serving as administrator/manager
for more than 36 continuous months shall forfeit all
prior seniority for two (2) years from date of reentry
into the bargaining unit. On the second anniversary of
reentry the employee shall receive credit for all
prior bargaining unit seniority which shall be added
to the two (2) years of additional service.
10.14.2 Department
chairpersons Administrators/managers
elected from the department by
the members of the department
faculty for a specified term or recurring
terms shall have the right to return to
the department
their faculty role without prejudice.
10.14.3 In the event of an
actual reduction in staff, no
administrator/manager, regardless of prior
bargaining unit service, shall be assigned any
bargaining unit work in excess of previous standards
if such assignment results in layoff of a bargaining
unit member.
10.15 Seniority
Tie-Breaker. In the event a decision is to be made
between two (2) faculty members who have equal seniority,
the decision of which employee shall be retrenched shall
be made on the basis of evaluations as provided in this
Agreement. If the affected employees remain tied after a
review of their evaluations is completed, then the
decision shall be made by lot.
10.16 Insurance for Retrenched
Employees. Laid-off employees shall have the right to
continue to participate in the employee fringe benefit
program for eighteen (18) months or as required by
statutes, whichever is greater, by making personal
payments of the premiums due.
10.17 Retrenchment Notice to
Employee. The College will provide notice of layoff
to the affected employee by no later than May
I 1 of the same academic year for
any employee affected by a retrenchment which the College
was required to discuss with the Association by March 15
in Section 10.2. The College will provide at least sixty
(60) calendar days' notice of layoff which is at least
thirty (30) calendar days after the sixty (60)-day notice
to the Association in Section 10.2, to the affected
employees for retrenchments that occur at any other time
of the year.
10.18 PERS Termination.
Laid-off employees who find it necessary to terminate
from the Public Employee Retirement System during their
twenty-seven (27) month recall period may do so by
written request to the Personnel Office and shall not be
considered a terminated employee for other employee
rights as determined by this Article.
10.19 Order of Recall. Recall
shall be made in inverse order of layoff, provided the
employee meets the minimum qualifications to perform the
assignment(s) to which he/she is being recalled.
10.20 Recall Rights. Laid-off
bargaining unit employees shall have recall rights to
permanent positions within the listed units they were
laid off from for a period of twenty-seven (27) months
from the first day of the month following the date the
employee would have normally reported to work. Employees
laid off for more than twenty-seven (27) continuous
months from the effective date of layoff shall relinquish
all recall rights and shall be considered terminated.
10.20.1 Laid-off
employees shall have recall rights to all temporary
contracted positions or part-time
assignments which are available for at least one
(I 1) full term and of which
the College has had knowledge or reasonably should
have had knowledge of at least fifteen (15) days prior
to the date of need. In cases of recall to temporary
assignments, a recall notice must be answered within
ten (10) calendar days of notification.
10.20.2 Recall to a temporary
contracted position or part-time assignment
shall have no effect on an employee's right to recall
to a permanent position.
10.21 Recall Notice.
Notice/Information: Recall notice shall be mailed by
certified letter to the last mailing address recorded
with the College. Employees shall have the obligation to
advise Personnel Services of address changes or changes
in qualifications. A recall notice must be answered
within thirty (30) calendar days of certification. The
response must be by certified mail to Personnel Services.
The expiration of a temporary contracted position
or part-time assignment to which an employee has been
recalled does not trigger the College's obligation to
provide layoff notice to the Association or the
employee.
10.22 Recall Notice Rejection.
Laid-off bargaining unit employees may reject a recall
notice without forfeiting recall rights for future
openings.
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