Common use of Layoff and Recall Procedures Clause in Contracts

Layoff and Recall Procedures. It is understood that in a viable, complex and multifaceted University, it may be necessary to adjust programs and staff through normal attrition. Historically, this adjustment has been accomplished by not renewing term contracts in specific units, departments or Schools/Colleges. This provision and accompanying procedures do not apply to this historic practice. In circumstances other than those stated above it may be necessary because of substantial curtailment or discontinuance of a program or extraordinary financial exigency to make reductions in personnel. No recommendation for program discontinuance or substantial curtailment shall be made to the Board of Governors without prior consultation with the affected unit and appropriate academic councils of the School/College/Division and of the University, each of which shall be given the opportunity to submit written advisory reports and recommendations. In such cases the following language shall apply. The University President, or his/her designee, shall call a meeting between representatives of the Administration and of the Association to discuss potential solutions to problems that may arise because of a need to make such reductions in personnel. In case of impending reductions in a unit which would require the layoff of bargaining-unit members, the President or his/her designee shall appoint a committee according to the following procedures: N members shall be appointed by the President or his/her designee and N members from a slate of nominees furnished by the Academic Senate which shall advise the President or his/her designee on the possible placement of the affected bargaining-unit members in other units within the University. The slate shall contain two (2) names for every person so appointed. There shall also be one (1) Association-appointed nonvoting representative to the committee. If a bargaining-unit member holding tenure or employment security status, a unit, and the President or his/her designee agree that placement in that unit would be facilitated for the bargaining-unit member by a reasonable period of training available at the University or elsewhere, the bargaining-unit member shall be granted a training leave at full pay for a period not to exceed one (1) year. After such training the bargaining-unit member shall be reassigned to that unit. A member of the bargaining unit about to be placed on layoff status shall be given preference in filling other vacant positions in the bargaining unit in the University for which s/he is qualified. A bargaining-unit member may waive the seniority rights that protect him/her from layoff, those rights reverting to the most senior bargaining-unit member in the unit who has been notified that s/he will be laid off. If the most senior bargaining-unit member on layoff notice refuses these rights in writing, these rights will then be given to the next most senior bargaining-unit member in the unit on layoff notice. This procedure will be repeated until these rights have been offered to the most junior member on layoff status. Those who are laid off by such arrangements shall retain all rights under this Article. Layoffs and recalls shall be made from among bargaining-unit members in the affected units, departments, programs or Schools/Colleges consistent with the educational goals and program specialties of the affected departments, programs, Schools/Colleges or units in the following order:

Layoff and Recall Procedures. It is understood that in a viable, complex and multifaceted University, it may be necessary to adjust programs and staff through normal attrition. Historically, this adjustment has been accomplished by not renewing term contracts in specific units, departments or Schools/Colleges. This provision and accompanying procedures do not apply to this historic practice. In circumstances other than those stated above it may be necessary because of substantial curtailment or discontinuance of a program or extraordinary financial exigency to make reductions in personnel. No recommendation for program discontinuance or substantial curtailment shall be made to the Board of Governors without prior consultation with the affected unit and appropriate academic councils of the School/College/Division and of the University, each of which shall be given the opportunity to submit written advisory reports and recommendations. In such cases the following language shall apply. The University President, or his/her their designee, shall call a meeting between representatives of the Administration and of the Association to discuss potential solutions to problems that may arise because of a need to make such reductions in personnel. In case of impending reductions in a unit which would require the layoff of bargaining-unit members, the President or his/her their designee shall appoint a committee according to the following procedures: N members shall be appointed by the President or his/her their designee and N members from a slate of nominees furnished by the Academic Senate which shall advise the President or his/her their designee on the possible placement of the affected bargaining-unit members in other units within the University. The slate shall contain two (2) names for every person so appointed. There shall also be one (1) Association-appointed nonvoting representative to the committee. If a bargaining-unit member holding tenure or employment security status, a unit, and the President or his/her their designee agree that placement in that unit would be facilitated for the bargaining-unit member by a reasonable period of training available at the University or elsewhere, the bargaining-unit member shall be granted a training leave at full pay for a period not to exceed one (1) year. After such training the bargaining-bargaining- unit member shall be reassigned to that unit. A member of the bargaining unit about to be placed on layoff status shall be given preference in filling other vacant positions in the bargaining unit in the University for which s/he is they are qualified. A bargaining-unit member may waive the seniority rights that protect him/her them from layoff, those rights reverting to the most senior bargaining-unit member in the unit who has been notified that s/he they will be laid off. If the most senior bargaining-unit member on layoff notice refuses these rights in writing, these rights will then be given to the next most senior bargaining-unit member in the unit on layoff notice. This procedure will be repeated until these rights have been offered to the most junior member on layoff status. Those who are laid off by such arrangements shall retain all rights under this Article. Layoffs and recalls shall be made from among bargaining-unit members in the affected units, departments, programs or Schools/Colleges consistent with the educational goals and program specialties of the affected departments, programs, Schools/Colleges or units in the following order:

Layoff and Recall Procedures. It is understood that in a viable, complex and multifaceted University, it may be necessary to adjust programs and staff through normal attrition. Historically, this adjustment has been accomplished by not renewing term contracts in specific units, departments or Schools/Collegescolleges. This provision and accompanying procedures do not apply to this historic practice. In circumstances other than those stated above it may be necessary because of substantial curtailment or discontinuance of a program or extraordinary financial exigency to make reductions in personnel. No recommendation for program discontinuance or substantial curtailment shall be made to the Board of Governors without prior consultation with the affected unit and appropriate academic councils of the Schoolschool/Collegecollege/Division division and of the University, each of which shall be given the opportunity to submit written advisory reports and recommendations. In such cases the following language shall apply. The University President, or his/her designee, shall call a meeting between representatives of the Administration and of the Association to discuss potential solutions to problems that which may arise because of a need to make such reductions in personnel. In case of impending reductions reduction in a unit which would require the layoff of bargaining-unit members, the President or his/her designee shall appoint a committee according to the following procedures: N members shall be appointed by the President or his/her designee and N members from a slate of nominees furnished by the Academic Senate which shall advise the President or his/her designee on the possible placement of the affected bargaining-unit members in other units within the University. The slate shall contain two (2) names for every person so appointed. There shall also be one (1) Association-appointed nonvoting representative to the committee. If a bargaining-unit member holding tenure or employment security status, a unit, and the President or his/her designee agree that placement in that unit would be facilitated for the bargaining-unit member by a reasonable period of training available at the University or elsewhere, the bargaining-unit member shall be granted a training leave at full pay for a period not to exceed one (1) year. After such training the bargaining-unit member shall be reassigned to that unit. A member of the bargaining unit about to be placed on layoff status shall be given preference in filling other vacant positions in the bargaining unit in the University for which she/he she is qualified. A bargaining-unit member may waive the seniority rights that protect him/her from layoff, those rights reverting to the most senior bargaining-unit member in the unit who has been notified that she/he she will be laid off. If the most senior bargaining-unit member on layoff notice refuses these rights in writing, these rights will then be given to the next most senior bargaining-unit member in the unit on layoff notice. This procedure will be repeated until these rights have been offered to the most junior member on layoff status. Those who are laid off by such arrangements shall retain all rights under this Article. Layoffs and recalls shall be made from among bargaining-unit members in the affected units, departments, programs or Schools/Colleges colleges consistent with the educational goals and program specialties of the affected departments, programs, Schools/Colleges colleges or units in the following order: