Common use of Layoff Clause in Contracts

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic Employees will be given 2 weeks notice prior to reduction/layoff or financial reasonswill be paid wages through this two-week period. Within 30 calendar days from the faculty member's written The union will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classification, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member probationary employees shall be laid off if probationary faculty members first. In cases where further reduction/layoffs are retained within necessary the instructional area employee(s) with the least department seniority in the classification to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member reduced/laid off shall be informed the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in writing by November 1 any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the final academic year reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of employmentthe reduction/layoff. For two academic years However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of layoff, a tenured faculty member retains transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedreduction/lay off/bump occurs. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ The parties agree that the effect of a layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffnegotiable, therefore, the ▇▇▇▇ shall submit a layoff plan following language is intended to the local Union. The Union shall have 30 calendar days to review both clarify and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents establish procedures for adoption, amendment or rejection. The decision any impending layoffs realized by members of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order Bargaining Unit and any subsequent recall. A. In the event of senioritylayoffs, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member employees shall be laid off if probationary faculty members are retained from the affected classifications within the instructional area Department in the following order: 1. Temporary employees 2. Seasonal employees 3. Probationary employees 4. Full-time regular employees B. If temporary employees or probationary employees are being utilized in a different classification in that Department, that work will be offered to teach courses qualified employees who are being laid off. C. In the tenured faculty member is qualified and capable event of teaching. The selection a layoff for any reason, employees shall be laid off in the inverse order of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member their seniority within their job classification within their Departmental Division. D. Employees being laid off shall be informed given written notice of such layoff thirty (30) days prior to the layoff. Said notice of layoff shall identify what options, if any, an employee shall have in writing by November 1 lieu of layoff. E. Options in lieu of layoff: For the purpose of this section, the use of the final academic year of employment. For two academic years from term “may” only relates to whether or not the date of layoff, a tenured faculty member retains facts exist which establish the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or declinelayoff option. If the offer option exists, it is declined, any further rights mandatory that the City identify it in the notice of layoff under this section are extinguishedSection D above. b. If 1. SAME JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be given the laid-off faculty member applies for an open position option to supplant any less senior employee within their Departmental Division who occupies the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided same job classification as the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsectionoption exists, none of the other options listed below shall be offered. 2. LOWER JOB CLASSIFICATION WITHIN DEPARTMENTAL DIVISION: Employees may be granted, as an option in lieu of layoff, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made opportunity to take a demotion to a lower job classification, in which he or she has previously laid-off faculty memberheld status within their Departmental Division, all further rights under this subsection are extinguishedif he or she has the ability and current qualifications to perform the work of that position. The employee being displaced shall then have the same opportunities as any other employee subject to layoff. 3. VACANT POSITION WITHIN THE BARGAINING UNIT: Employees may be granted the opportunity to be placed in any other Department in a vacant position for which he or she has the ability and qualifications to perform the work. “Vacant position” shall mean a posted vacant position for which the Department is actively attempting to fill at the time of layoff.

Layoff. ‌ ▇▇▇▇▇▇ is defined as (a) The Employer will, whenever practicable, keep layoffs to a minimum. In the termination event a layoff occurs, the Employer will notify YusApuY, in advance, together with the reason for the decision. The Employer will observe the seniority of tenured faculty members Employees in connection with layoff and recall and will follow the guidelines for programmatic layoff and recall set out herein. (b) A grievance concerning a layoff may be submitted directly at Step 2 (Article 8 – Complaints/Grievances) no later than ten (10) working days following receipt of the advisory or financial reasons. Within 30 calendar days from the faculty member's formal written notice of layoffjob closure. (c) As a direct result of layoff or attrition no Employees will have their regular workload increased beyond a reasonable level. (d) The Employer will inform an Employee at the commencement of layoff of the available means of accessing job posting information. It will be the responsibility of the Employee to notify the Department of Human Resources should the Employee wish to be considered as an applicant for a position posted in accordance with Article 12 – Job Posting. (e) A return date will be identified on a Record of Employment issued to sessional Employees. (f) An Employee who receives notice of job closure and who currently has a Job Evaluation Questionnaire in the rating or appeals queue, will have their questionnaire moved to the top of the queue to establish a final rating for the Employee's current position. Notwithstanding any outstanding disputes, the ▇▇▇▇ shall submit a layoff plan to current rating will be used for the local UnionEmployee’s selection in choosing one (1) of the options as outlined in Articles 15.05 and 15.06. The Union shall have 30 calendar days to review Employee may reselect if the rating is changed as per Article 15.08(a). (g) In some instances, YusApuY and comment upon the plan, during which time its representatives Employer may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period Employee affected by layoff to consider advance priority placement prior to receipt of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedformal notice. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ 1. Layoff is defined as the separation of an employee for lack of work or funds, without fault or delinquency on the employee's part. 2. When it is necessary to identify an employee for layoff, the least senior employee in the affected job classification at the work location shall be laid off. In instances where the UTD building ▇▇▇▇▇▇▇ is defined employed as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffschool support personnel, the said ▇▇▇▇▇▇▇ shall submit be exempted from layoff except here an entire program is eliminated. 3. In the event that the least senior interpreter is a One-to-One Interpreter, an exception to Paragraph 2 may be made based upon the unique needs of affected student(s). Requests shall be made, in writing, by the principal and the interpreter, who is less senior, to the Assistant Superintendent, Human Resources. These requests shall be reviewed by a joint M-DCPS/UTD committee which shall include the Co-Chairs of the Exceptional Student Education Task Force and which shall make an expeditious decision regarding the exception. 4. However, in the event it becomes necessary to effect a layoff plan to in the local Union. The Union shall have 30 calendar days to review physical and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing occupational therapy programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used county-wide seniority shall determine which employee(s) is to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within off. 5. Seniority, for the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date purpose of layoff, is the total full-time service as an employee of M-DCPS in any capacity. Service as a tenured faculty member retains temporary instructor shall be counted only when 99 days are worked during the following rightsregular school year. 6. Layoffs will be effected as follows: a. The position Office of Human Resources shall be notified, in writing, by the supervising administrator of the laid-off faculty member requirement for layoff, and the reason therefore, prior to any announcement relative to a possible layoff. b. The Office of Human Resources shall not be filled unless verify the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or declineneed for the layoff. If the offer layoff is declinedrequired, any further rights under this section are extinguishedthe Office of Human Resources shall determine the specific employee(s) to be laid off. The notice shall contain information concerning the employee's residual benefits. The employee shall acknowledge receipt of the notification. The effective date of the layoff shall be no less than 10 workdays after receipt of notification. b. If c. During the laid10-off faculty member applies workday notification period, efforts shall be made to place the affected employee in a position for an open position which qualified. 7. In the event it becomes necessary to effect a reduction-in-force for Physical and Occupational Therapy Assistants, county-wide M-DCPS seniority within the bargaining unit at any College covered by this agreementaffected program (i.e., Physical and the position is subsequently filled by the Employer, the laid-off faculty member Occupational Therapy Assistants) shall be hired into the position provided the laid-off employee's qualifications for the job in question utilized to determine which employees are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedlaid off.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to When the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception determines it is necessary to assure reduce the qualifications of bargaining unit staff, the remaining faculty members meet the needs of the continuing programs, standards following procedures will be developed followed with respect to ancillary staff members whose employment is not regulated by the Michigan Teachers’ Tenure Act: a. The Board will determine the educational program(s) to be offered, the number of persons to be laid off, and the specific position(s) to be reduced or eliminated. The Association shall be notified of any proposed layoffs through its President, and shall be advised in writing by the Board concerning which positions and/or teachers would be affected including transfers and reassignments. b. An ancillary staff member not subject to the Teacher Tenure Act (“Staff Member”) being laid off pursuant to the foregoing procedure shall be offered an agreement of opportunity to displace (i.e. “bump”) the college Union/Management committee containing least senior staff member in the process District in a specific position (if any) for which the laid off staff member is certified and measurements used to determine relative job performancequalified. No tenured faculty The staff member shall be advised of the specific position into which he/she may “bump”; and, if he/she elects to “bump,” the staff member being “bumped” will be laid off instead; provided, however, that the “bumped” staff member shall also be afforded the same “bumping” rights. A staff member who elects not to exercise his/her “bumping” rights may not, following layoff, choose to do so. c. For the purposes of bumping, a part-time ancillary staff member may bump the least senior full or part-time ancillary staff member in a specific position (if probationary faculty members are retained within any) for which the instructional area to teach courses the tenured faculty laid off part time ancillary staff member is qualified qualified. A part-time ancillary staff member may decline a full time bump and capable retain rights to recall when available. d. A reduction in hours shall constitute a partial layoff; an ancillary staff member whose hours are reduced may elect to accept partial employment or be laid off. Rejection or acceptance of teaching. The selection of one individual rather than another for layoff may be challenged under partial employment will not affect the grievance procedure. Each tenured faculty member ancillary staff member’s right to recall when available. e. Staff members being laid off shall be informed notified in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not less than thirty (30) calendar days before their work is to be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedcurtailed. b. If f. Ancillary staff members who have not completed their period of probation with the laid-off faculty member applies for an open position within District at the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those time of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but their layoff shall retain previously-accumulated seniority. Any salary shall be pro-rated recall rights (unless abandoned or forfeited) with the District for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedperiod not exceeding two (2) years following their layoff.

Layoff. ‌ ▇▇▇▇▇▇ is defined as 21.1 In the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice event of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty affected bargaining unit members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if in accordance with the Personnel Rules of the City, except as described in this Article. 21.2 The least-senior regular employee in the Police Communications Analyst or the Systems Analyst class in the Communications Section who is laid off or is displaced pursuant to the immediately preceding paragraph may displace the employee having the least seniority in a class of the Police Communications Dispatcher (“Dispatcher”) class series when (1) the displacing employee has had prior service as a regular or probationary faculty members are retained within employee in such class, and (2) the instructional area employee to teach courses be sequentially displaced has less service in the tenured faculty member class than the displacing employee. 21.3 The above provisions for employee transfers to avoid layoff from the Police Communications Analyst or the Systems Analyst class in the Communications Section shall be subject to the following limitations: A. No regular employee in the Police Communications Analyst or the Systems Analyst class, in order to avoid layoff, shall displace another employee, including employees in the Dispatcher class series, unless the displacing employee possesses the skills necessary to perform the duties of the position held by the employee to be displaced. B. Upon written showing by the appointing authority and approval of the Seattle Human Resources Director that the displacing employee does not possess the skills required to perform the duties of the position held by the least senior employee in the highest class of the Dispatcher class series in which the displacing employee has prior service, the Seattle Human Resources Director may authorize the displacing employee to displace: (1) The next least senior employee, continuing in sequential order as necessary until the position held by a less senior employee is qualified and capable reached where the Director determines that the displacing employee has the required skills to immediately perform the duties of teaching. the position; or in the event no such position is found: (2) The selection least senior employee in a lower class of one individual rather than another the Dispatcher class series, where the Seattle Human Resources Director determines that the displacing employee has the required skills to immediately perform the duties of the position. C. Employees in the Police Communications Analyst or the Systems Analyst classes in the Communications Section shall not accrue service credit for layoff may be challenged under purposes in the grievance procedureDispatcher class series, except in the event of subsequent layoff from a position in the Dispatcher class series, as provided by Personnel Rule 6.2. Each tenured faculty member laid off . 21.4 Nothing in this Article shall be informed construed as recognizing the Police Communications Analyst and the Systems Analyst in writing by November 1 the Communications Section as being part of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedDispatcher class series. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as (a) The period of layoff will be up to 24 months immediately following the termination notice period. (b) An Employee’s seniority will continue to accrue during a layoff. (c) An Employee will continue to participate in those benefit plans in which they had been participating immediately prior to the layoff in accordance with Article 22 to the end of tenured faculty members for programmatic or financial reasonsthe 2nd pay period following the pay period in which the date of layoff occurred. Within 30 calendar days from Subject to coverage being available in the faculty member's written notice of layoffmarketplace, the ▇▇▇▇ shall submit a layoff plan Employee may continue to participate in some or all of those benefit plans for the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after balance of the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision layoff provided that they pay 100% of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be premiums authorized in reverse order of seniorityadvance, unless differences exist in relative level of job performance. When an exception is necessary to assure for 6 month intervals renewable through the qualifications period of the remaining faculty members meet layoff. (d) While on layoff, an Employee will be eligible to participate under the needs terms of the continuing programsBursaries for Spouses and Dependents of University Employees and Tuition Assistance for Active Employees, standards for the full academic term (4 months) following the academic term in which the date of layoff occurred. 17.06 Severance Pay (a) An Employee subject to layoff who has not obtained an alternate position with the Employer will be developed by an agreement receive severance pay, calculated as of the college Union/Management committee containing date of layoff and in accordance with Appendix I: i. Upon request of the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed Employee in writing by November 1 of the final academic year of employment. For two academic years from to Human Resources at any time on or after the date of layoff, a tenured faculty member retains it being understood that severance pay shall be paid at the earliest on the first regular pay date following rights:the date of layoff; or a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or declineii. If the offer Employee has not made a request for severance pay, the date that is declined, any further rights under this section are extinguished24 months after the date of layoff. b. If iii. At the laid-off faculty member applies for point of collecting severance, an open position within Employee’s severance pay will be based on either Appendix I or the bargaining unit at any College covered by this agreemententitlement under the Employment Standards Act, and the position 2000, whichever is subsequently filled by the Employergreater. (b) Upon receipt of severance pay, the laid-off faculty member Employee’s employment at the University shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant end. 17.07 Notwithstanding Articles 17.01 to this subsection17.06, the previously laid-off faculty member processes in place on April 30, 2019 shall not retain tenure except by mutual agreement between the President continue to apply with respect to those Employees who received notice of layoff on or designee and the faculty memberbefore September 30, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished2019.

Layoff. ‌ ▇▇▇▇▇▇ It is defined agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the termination of tenured faculty members for programmatic or financial reasonsUniversity will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within 30 calendar days from two (2) weeks of the faculty member's written notice determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of layoffcontracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the ▇▇▇▇ shall submit a layoff plan Parties will examine the list of employees holding contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the local Unionredundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Union shall have 30 calendar days to review and comment upon Parties will explore the plan, during which time its representatives may meet with the ▇▇▇▇ at possibility of a mutuallyshort-agreed upon time and placeterm layoff of no more than twenty-six (26) weeks. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members Should this meet the needs of the continuing programsUniversity, standards employees will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the instructional area to teach courses above steps, it is determined by the tenured faculty member is qualified University that a layoff will be required, the least senior employee in the redundant position will be identified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date provided with notice of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If 6. An employee who has more seniority than the laid-off faculty member applies for an open position identified employee may, within one (1) week of notice under step 5, volunteer to take the bargaining unit at any College covered by this agreementlayoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the position is subsequently filled by senior employee will be laid off and will receive the Employerremainder of notice of layoff in lieu, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty memberplus their severance entitlement, but shall retain previously-accumulated seniorityhave no recall rights. Any salary shall This provision does not apply if the senior employee has unique skills which cannot be pro-rated for less than full-time employment. Once such an offer of employment is made replaced in up to a previously laid-off faculty member, all further rights under this subsection are extinguishedthree (3) months.

Layoff. ‌ ▇▇▇▇▇▇ An Appointing Authority may layoff a teacher by reason of abolition of the position, shortage of work or funds, or other reasons outside the teacher’s control which do not reflect discredit on the service of the teacher. A. For a full-time, unlimited teacher, a layoff occurs when their hours of work are reduced for a period longer than ten (10) consecutive working days. In addition any reduction in hours of a part-time, unlimited teacher, except for intermittents, which would place the teacher outside the bargaining unit shall constitute a layoff. B. If the Appointing Authority determines that a layoff is defined as to occur, the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from Appointing Authority will make every effort to execute the faculty member's written notice layoff date in a timely manner that would allow the teacher to seek employment in another educational system. C. In the event of layoff, the ▇▇▇▇ Appointing Authority at the seniority unit shall submit a layoff plan determine the subject area(s) and employment condition(s) (i.e., full-time unlimited, part-time unlimited, intermittent, seasonal full-time, seasonal part-time) in which reduction is to be made. D. The least senior teacher assigned to the local Unionaffected subject matter area, seniority unit and employment condition shall be given notice of layoff. The Union Appointing Authority shall have 30 calendar provide written notice to the teacher and the designated Association representative at least thirty (30) working days, whenever practicable, but at least twenty-one (21) days prior to review and comment upon the plan, during which time its representatives may meet with effective date of the ▇▇▇▇ at a mutually-agreed upon time and placelayoff. The ▇▇▇▇ may revise notice shall state the plan after reason for layoff, the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the effective date of layoff, a tenured faculty member retains and the estimated length of the layoff period. E. A teacher notified of layoff may bump another, less senior teacher in the same seniority unit in the following rightsorder: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline1. If the offer teacher has seniority in other subject area(s), they may bump (displace) the least senior teacher with the same employment condition who is declinedassigned to a subject area in which the bumping teacher has seniority. If this option is not available, any further rights under this section are extinguishedthen the teacher may proceed to #2. b. 2. If the laid-off faculty member applies for an open position within teacher has seniority in the bargaining unit at any College covered by this agreementsame or other subject area(s), and they may bump (displace) the position least senior teacher with a different employment condition who is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made assigned to a previously laid-subject area in which the bumping teacher has seniority. F. A more senior teacher may be laid off faculty memberout of seniority order upon their request and with the approval of the Appointing Authority. G. At the discretion of the Appointing Authority, all further rights a teacher under this subsection are extinguishednotice of permanent layoff may be granted transition leave under Article 18, Leaves of Absence, Section 4K. H. A teacher who has been permanently laid off may be entitled to insurance under Article 22, Insurance, Section 3.D.1., Special Eligibility - Teachers on Layoff, and/or severance pay under Article 28, Severance Pay.

Layoff. ‌ ▇▇▇▇▇▇ is defined as 21.1 In the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice event of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty affected bargaining unit members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if in accordance with the Personnel Rules of the City, except as described in this Article. 21.2 The least-senior regular employee in the Police Communications Analyst or the Systems Analyst class in the Communications Section who is laid off or is displaced pursuant to the immediately preceding paragraph may displace the employee having the least seniority in a class of the Police Communications Dispatcher (“Dispatcher”) class series when (1) the displacing employee has had prior service as a regular or probationary faculty members are retained within employee in such class, and (2) the instructional area employee to teach courses be sequentially displaced has less service in the tenured faculty member class than the displacing employee. 21.3 The above provisions for employee transfers to avoid layoff from the Police Communications Analyst or the Systems Analyst class in the Communications Section shall be subject to the following limitations: A. No regular employee in the Police Communications Analyst or the Systems Analyst class, in order to avoid layoff, shall displace another employee, including employees in the Dispatcher class series, unless the displacing employee possesses the skills necessary to perform the duties of the position held by the employee to be displaced. B. Upon written showing by the appointing authority and approval of the Personnel Director that the displacing employee does not possess the skills required to perform the duties of the position held by the least senior employee in the highest class of the Dispatcher class series in which the displacing employee has prior service, the Personnel Director may authorize the displacing employee to displace: (1) The next least senior employee, continuing in sequential order as necessary until the position held by a less senior employee is qualified and capable reached where the Director determines that the displacing employee has the required skills to immediately perform the duties of teaching. the position; or in the event no such position is found: (2) The selection least senior employee in a lower class of one individual rather than another the Dispatcher class series, where the Personnel Director determines that the displacing employee has the required skills to immediately perform the duties of the position. C. Employees in the Police Communications Analyst or the Systems Analyst classes in the Communications Section shall not accrue service credit for layoff may be challenged under purposes in the grievance procedure. Each tenured faculty member laid off Dispatcher class series, except in the event of subsequent layoff from a position in the Dispatcher class series, as provided by Personnel Rule 6.2.100. 21.4 Nothing in this Article shall be informed construed as recognizing the Police Communications Analyst and the Systems Analyst in writing by November 1 the Communications Section as being part of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedDispatcher class series. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ An affected permanent employee shall be compared for the purposes of seniority relative to layoff only with other employees in the same Department or Division affected by the reduction in force. Former employees who were in permanent status at the time of separation by a reduction in force shall have reemployment rights within the classified service, for a period of two (2) years, in accordance with this Article. It is defined as the termination responsibility of tenured faculty members the employee to update their contact information for programmatic or financial reasonsthe purpose of remaining on the reemployment list. Within 30 After three (3) unsuccessful documented attempts by the Employer to contact a former permanent employee for reemployment within a fourteen (14) calendar days day period, the former permanent employee’s name will be removed from the faculty member's written notice reemployment list. Former permanent employees shall be offered reemployment from layoff in order of seniority based on continuous State service date. Former permanent employees will first be offered reemployment in the class or a comparable class and pay grade in the Department and geographical area from which they were laid off, if available. If no comparable position exists in their geographical area, the employee will be offered a comparable position in a different geographical area, if available. Former permanent employees may be offered a reemployment position in a lower class and pay grade as that held at the time of their separation, provided they have made application for said position and they meet the minimum qualifications. If an employee is offered and accepts reemployment in a lower class and pay grade than that held at the time of layoff, they will remain on the ▇▇▇▇ shall submit a reemployment lists for all classes and pay grades for which they expressed interest and meet the minimum qualifications, up to and including the class and pay grade held at layoff. Former permanent employees may be offered reemployment from layoff plan to positions within Departments other than the local UnionDepartment from which they were laid off. The Union shall have 30 calendar days to review position offered for reemployment in a different Department must be in the same class or comparable class and comment upon pay grade, or a lower class and pay grade than that held at the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniorityformer permanent employee’s separation, unless differences exist in relative level of job performanceprovided they have made application for said position and meet the minimum qualifications. When an exception is necessary a Department intends to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process fill a position and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members there are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of more than one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further eligible former permanent employees with reemployment rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the EmployerArticle, the laid-off faculty member Department shall be hired into select the position provided former permanent employee who has the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated highest continuous State seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is defined as to be laid-off in one classification and who has acquired seniority in another classification may bump the termination of tenured faculty members for programmatic or financial reasonsleast senior Member in that classification; and; 4. Within 30 calendar days from the faculty member's written notice of layoffIf more than one Member in a classification is laid-off, the ▇▇▇▇ affected Members shall submit a layoff plan to the local Unionselect from available positions in accordance with their seniority. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards following stipulations will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rightsapply: a. The position involves the same or greater number of the laid-off faculty member shall not be filled work hours, unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to Member will accept or decline. If the offer is declined, any further rights under this section are extinguished.less; b. If the The laid-off faculty member applies for an open position within Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit at any College covered by this agreementvacancies in other classifications, and provided they meet the position is subsequently filled by posted qualifications. If a laid- off Member fails to satisfactorily complete the Employerprobationary period in the other classification, the laid-off faculty member Member shall be hired into remain on the position provided the laid-off employee's qualifications layoff list for the job previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall no event will be pro-rated for provided less than full-time employment. Once such an offer two (2) weeks written notice of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedthe assignment’s ending date.

Layoff. ‌ ▇▇▇▇▇▇ Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ ▇/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ ▇/CEO at a mutually-mutually agreed upon time and place. The ▇▇▇▇ ▇/CEO may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as Procedures -- Whenever, because of lack of work or lack of funds, it becomes necessary to lay off permanent or probationary employees, such layoff shall be conducted in accordance with procedures set forth in the termination sections below. 26.1 Persons laid off because of tenured faculty members lack of work or lack of funds are eligible for programmatic or financial reasonsre-employment for a period of thirty-nine (39) months and shall be re-employed in preference to new applicants, provided they meet qualifications for the position. Within 30 calendar days from In addition, such persons laid off have the faculty member's written notice of layoff, right to participate in promotional examinations within the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, District during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over thirty-nine (39) months. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who choose to remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall forward retain eligibility to be considered for re-employment for an additional period of up to twenty-four (24) months; provided that the plan first same tests of fitness under which they qualified for appointment to the President class shall still apply. Employees who take voluntary demotions or designee and then to voluntary reductions in assigned time in lieu of layoff shall be, at the Board of Regents for adoption, amendment or rejection. The decision option of the Employer employee, returned to implement a position in their former class or to positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid re-employment list, they shall be ranked on that list in accordance with their proper seniority. Employees in laid off status who refuse three offers of re-employment shall be deemed to have exhausted any and all rights to re- employment. 26.2 No volunteer, substitute, short-term employee or student will perform work ordinarily performed by the person laid off. 26.3 Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is not grievablelaid off, the order of layoff within the class shall be determined by seniority. Within an instructional area layoff Re-employment shall be in the reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as In the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from event the faculty member's Employer desires to lay off an Employee, such lay off shall be with one (1) week prior written notice of layoffto the Employee, with a copy to the Union. If such notice is not given, the ▇▇▇▇ shall submit a layoff plan to the local UnionEmployee will be paid for time lost. The Union shall have 30 calendar days to review Layoffs and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff rehiring shall be in reverse accordance with seniority in job classifications. (a) Employees so laid off shall be rehired as the need arises according to their classification seniority. (b) Classification seniority rights in the filing of vacancies shall prevail, including part-time Employees. In the event a full-time job becomes available such vacancy shall be filled by a part-time Employee in the establishment in order of seniority, unless differences exist provided such Employee is deemed qualified to do work. (c) Any Employee permanently laid off from his/her employment shall be entitled to one (1) week’s severance pay for each year worked up to a maximum of fifteen (15) weeks pay in relative level of job performance. addition to other monies due. (d) When an exception employee is necessary temporarily laid off, is given a definite date of return to assure the qualifications work and is denied Unemployment Compensation Benefits solely because of the remaining faculty members meet the needs Amendment effective July 20, 1983 to Section 590.11 of the continuing programsLabor Law, standards the University will pay such employee the sum of $235 per week beginning with the second week of employment, and during such period of temporary unemployment, said sum to be developed reduced by an agreement of amount earned as a result at the college Union/Management committee containing University during the process and measurements used layoff period. Under no circumstances will the above payment be made after the return date given to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within employee at the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date time of layoff, or during a tenured faculty member retains period for which Unemployment Compensation Benefits are paid. (1) The layoff allowance rate for part-time Employees is prorated, based on the following rights: a. part-time employee’s average number of hours worked over the preceding academic year, divided by full-time scheduled hours. The position part-time rate shall not exceed that of the laidfull-off faculty member shall not time rate. Applicable allotments will be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedcredited by September 1. b. If (2) In the laid-off faculty member applies event that the layoff allowance for an open position within Employees in Dining Services is increased during the bargaining unit at any College covered by term of this agreement, and employees represented by Local 100 will receive the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedsame increase.

Layoff. ‌ ▇▇▇▇▇▇ Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ ▇/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ ▇/CEO at a mutually-mutually agreed upon time and place. The ▇▇▇▇ ▇/CEO may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ Section 26.01 Unless otherwise qualified by this agreement members are subject to USNH policies relative to layoff. The parties further acknowledge that under Article 31, Management Rights and Article 29, Effect of Agreement, the University retains the authority and right to amend said policies from time to time and agree to abide by the terms of said policies as in effect at the time of application. Section 26.02 Layoff is defined as the termination involuntary separation of tenured faculty members for programmatic or financial reasons. Within 30 calendar days a staff member from the faculty job, without pay, due to circumstances such as lack of work, seasonal conditions, technological or programmatic change and/or short-term financial difficulty. Layoff is used only when there is reasonable expectation of recall. It is inappropriate to use layoff to address performance problems, or to discipline a member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of not exceed one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff. Affected members shall be entitled to recall during the period of layoff. If not recalled during the period of layoff, a tenured faculty member retains members will be terminated. Section 26.03 In cases where it is known by the following rights: a. The position Department that the layoff will be permanent, then the Chief will meet with the bargaining unit to discuss the planned layoff and the effects of the laid-decision. Section 26.04 Members shall be selected for layoff on the basis of increasing seniority. Section 26.05 Members who are laid off faculty shall receive at least ninety (90) days' notice of any layoff. Section 26.06 Members who are laid off shall maintain their positions on the unit seniority roster during the recall period and shall accrue additional unit seniority during that time. If recalled to work within the recall period, the member shall not be filled unless return with the laid-off faculty member has been offered reinstatement same unit seniority he or she had accrued at his previous tenure and seniority. The faculty the time of the recall. Section 26.07 If hired into any other classification, the member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedreturn as a new employee and be rehired with a new seniority date. b. Section 26.08 If an opening develops in the laid-off faculty member applies for an open member's original classification after he or she had taken another position within the bargaining unit at Department, he or she may return to the original classification with no loss of seniority. Section 26.09 The University shall recognize the member's total length of service as outlined in Section 26.10 Members who are laid off shall notify the Department of any College covered by this agreement, and changes in address or phone numbers in order to provide a contact point for recall or notification of vacancies which may arise with the position is subsequently filled by Department during the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those term of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedtheir layoff.

Layoff. ‌ ▇▇▇▇▇▇ is defined as In the termination event of tenured faculty members for programmatic necessary layoff due to a decreased student enrollment or financial reasons. Within 30 calendar days from shortage of revenue, changes, revisions, or elimination in programs the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performancereduction shall be 1. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member Probationary teachers shall be laid off if first, according to seniority. A probationary faculty members teacher shall not be laid off unless there is a more senior probationary teacher who is certified and qualified to perform the duties of the remaining positions. 2. If further reduction of teaching personnel is necessary, tenure teachers shall be laid off on the basis of least senior tenure teacher(s) first, provided there are retained within remaining teachers certified and qualified to fill the instructional area vacancy thus created. 3. Tenure teachers shall be laid off only after all probationary teachers have been laid off who are certified and qualified to teach courses in that area. 4. In the tenured faculty member event it becomes necessary to reduce the number of teachers through layoff of employment, or to reduce the number of teachers in a given subject area, field, or program, or eliminate or consolidate position(s), the Board shall determine the order of layoff provided, however, such action shall not be contrary to Section A. The Board shall endeavor to give forty-five (45) calendar days' notice of layoff to the individual involved, and in any event, thirty (30) calendar days' notice shall be given in all cases. 5. It is further agreed that any layoff pursuant to this Article shall automatically terminate the individual employment contract of all laid off teachers and shall suspend for the duration of the layoff, the Board's obligation to pay salary or fringe benefits and any laid off teacher's individual or supplemental employment contract as well as all benefits under this collective bargaining agreement, except that any teacher on layoff pursuant to this Article shall have their hospital and dental insurance extended for three (3) months. 6. Any teacher on layoff shall be recalled in inverse order of layoff provided he/she is certified and qualified for the vacancy. No new teacher shall be employed by the Board while there are teachers of the district who are laid off unless there are no laid off teachers with proper certification and capable of teachingqualifications to fill any vacancy which may arise. 7. The selection Board shall give written notice of one individual rather than another for recall from layoff may be challenged under the grievance procedureby sending a certified letter to said teacher at his/her last known address. Each tenured faculty member laid off It shall be informed the responsibility of each teacher to notify the Board of any change in address. The teacher's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recall, or other notice to the teacher. If a teacher fails to report as being available to work ten (10) calendar days from date of sending of the recall, unless an extension is granted in writing by November 1 of the final academic year of employment. For two academic years from Board, said teacher shall be considered as a voluntary quit and shall thereby terminate his/her individual employment contract and any other employment relationship with the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedBoard. b. If 8. A laid off teacher shall, upon application, be granted priority status on the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementdistrict substitute teaching list, and the position is subsequently filled by the Employer, the laid-off faculty member shall such priority to be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant determined according to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ ▇/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ ▇/CEO at a mutually-mutually agreed upon time and place. The ▇▇▇▇ ▇/CEO may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ It is defined agreed that there will be no permanent layoffs, save and except as set out below. Prior to effecting layoffs of any regular or recurring employee, the termination of tenured faculty members for programmatic or financial reasonsUniversity will take the following steps in sequential order as outlined in Article(s) 11.4, 11.5, 11.6 and 11.7. 1. Within 30 calendar days from two (2) weeks of the faculty member's written notice determination that there is a need to reduce the workforce, a meeting will be arranged between the Parties to review the circumstances and to mutually explore options. 2. The Parties will explore known, upcoming attrition such as retirements, resignations, end of layoffcontracts and existing vacancies to determine if there is an employee who is leaving or has left the work place whose work could be done by a qualified employee who otherwise will be laid off. Such employee will be placed in the position. 3. Next, the ▇▇▇▇ shall submit a layoff plan Parties will examine the list of employees holding temporary/casual or contract positions, or external applicants to Limited Term Appointments (LTA) or who are on probation to determine whether the local Unionredundancy can be resolved by terminating one or more such positions and redeploying qualified regular and/or recurring employees into the positions. 4. The Union shall have 30 calendar days to review and comment upon Parties will explore the plan, during which time its representatives may meet with the ▇▇▇▇ at possibility of a mutuallyshort-agreed upon time and placeterm layoff of no more than twenty-six (26) weeks. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members Should this meet the needs of the continuing programsUniversity, standards employees will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within and provided a Supplemental Employment Benefit to top up Employment Insurance Benefits to 80% of normal wages. 5. If after having explored the instructional area to teach courses above steps, it is determined by the tenured faculty member is qualified University that a layoff will be required, the least senior employee in the redundant position will be identified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date provided with notice of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If 6. An employee who has more seniority than the laid-off faculty member applies for an open position identified employee may, within one (1) week of notice under step 5, volunteer to take the bargaining unit at any College covered by this agreementlayoff if the junior employee has the minimum required qualifications (as defined in Article 18.2) to perform the senior employee’s work. In such case, the exchange will take place as soon as possible, and the position is subsequently filled by senior employee will be laid off and will receive the Employerremainder of notice of layoff in lieu, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty memberplus their severance entitlement, but shall retain previously-accumulated seniorityhave no recall rights. Any salary shall This provision does not apply if the senior employee has unique skills which cannot be pro-rated for less than full-time employment. Once such an offer of employment is made replaced in up to a previously laid-off faculty member, all further rights under this subsection are extinguishedthree (3) months.

Layoff. ‌ ▇▇▇▇▇▇ 1. Layoff shall be pursuant to Civil Service laws and regulations with the following modifications: a. Cross-category bumping: Any laid off employee seeking to displace a less senior employee in a classification series in which they were previously employed must meet the following criteria: (1) They are qualified to assume the duties of the new position; (2) They have been employed in the particular classification they seek or a position higher in the classification series within the last five (5) years. b. Special Needs Aide/Paraprofessional: Special Needs Aide/Paraprofessional positions may be immediately reduced by the Board when a disabled student or students to whom a Special Needs Aide/Paraprofessional is defined as assigned, cease to attend in the termination District, graduate, are deemed no longer in need of tenured faculty members for programmatic Special Needs Aide/Paraprofessional assistance per the IEP team, or financial reasonsare otherwise unavailable to access such services. Within 30 calendar days from The layoff provisions of the faculty member's written notice Civil Service Law, Revised Code Chapter 124 are modified and expressly superseded with respect to the position of layoffSpecial Needs Aide/Paraprofessional to the extent that if a displaced Special Needs Aide applies to bump the least senior Special Needs Aide/Paraprofessional, the ▇▇▇▇ shall submit a layoff plan Administration retains the right to make the local Union. The Union shall have 30 calendar days to review and comment reassignment and/or prevent such bumping in the best interests of the disabled student(s) affected based upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the special needs of the continuing programs, standards student(s) as described in the IEP(s) or 504 accommodation plans. Such a determination by the Administration will not be arbitrary or capricious. Special Needs Aides/Paraprofessionals who either do not apply to bump into another Special Needs position or who are otherwise displaced from the Special Needs Aide/Paraprofessional classification as the result of a layoff will be developed by an agreement given the opportunity to pursue displacement rights which otherwise exist under this contract and/or to fill the next available Special Needs Aide/Paraprofessional position which becomes available and for which they are qualified and compatible based upon the special needs of the college Union/Management committee containing student(s) as described in the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept IEP(s) or decline. If the offer is declined, any further rights under this section are extinguished504 accommodation plans. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ If and when a reduction or reorganization in the workforce is necessary, following at least thirty (30) calendar days’ notice, for fiscal necessity based layoffs inclusive of opportunity for the Group Review Committee to respond and sixty (60) calendar days’ notice for reorganization based layoffs, layoff shall occur through deletion of Professional Staff position(s) as determined by the Employer. Within seven (7) calendar days of the receipt of official written notice of layoff due to a reduction or reorganization in the workforce, a university funded employee shall be specifically permitted to submit, in writing, application for and then receive good faith review of up to five (5) continuing positions whose incumbents are university funded and hold the least seniority in the same generic position classification from which the laid off employee holds greater seniority. Employees who have completed three full years of service in (a) the same grant-funded position; or (b) different associated-represented positions under the same grant funding source, are eligible to participate in the bumping process outlined herein. Employees who have not completed three full years of service as outlined above do not have bumping rights, regardless of the length of other university funded employment. The Employer shall consider all requests to bump in order of seniority service of the applicant. The Employer shall determine whether the applicant is qualified to bump the least senior employee in the positions applied for. If the Employer determines that the applicant is not qualified to bump in that position, the Employer shall determine whether the applicant is qualified to bump the next least senior employee in the positions applied for. This process shall continue until the applicant is deemed qualified for a bump or all five (5) positions have been considered. If the displaced employee is determined to hold the qualifications for the position reviewed, the employee shall be permitted to exercise his/her seniority rights to displace an employee with less seniority in the generic job classification for which the employee currently holds seniority or for which the employee holds seniority service credit accumulation, in the job classification from which a position was held immediately prior to the current job classification from which the employee is being laid off. Displacement is potentially available only for and within the following two (2) groupings: a. Assistant Director, Administrative Assistant I, Assistant to ▇▇▇▇▇▇ , Assistant to Director, Assistant to Chair, Assistant to Sponsored Chair, Program or Function Coordinator or Manager. b. Professional Service Librarian (excluding Head Librarian) professional specialists within the specific specialty area. The Employer retains its right to determine whether an employee possesses the qualifications to fill the position into which he/she seeks to bump. Qualification determination shall be based upon the qualifications set out by the position description, as may be amended from time to time, as matched with the bumping applicant's qualifications and performance record. Consideration of performance as negatively affecting qualifications herein, shall be restricted to a formal performance record that is defined as the termination of tenured faculty members for programmatic officially, and in writing, less than satisfactory overall or financial reasonsa performance record evidencing active disciplinary status. Within 30 seven (7) calendar days from the faculty member's written notice of layoffreceipt of notification that a bumping applicant is not qualified for a position sought, the ▇▇▇▇ shall Association may submit a layoff plan written request for review to the local UnionPosition Review Committee. The Union Position Review Committee shall have 30 issue its recommendation to the Vice President of Human Resources or his/her designee, not later than seven (7) calendar days to review and comment upon after submission by the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and placeAssociation. The ▇▇▇▇ may revise Vice President of Human Resources or his/her designee, shall, in good faith consider recommendation(s) made pursuant hereto, prior to final determination. The determination by the plan after Vice President of Human Resources or his/her designee is final and binding on the period issue of comment is over the right to bump the position in issue. The Position Review Committee of three (3) serve one (1) year terms to end on June 30th of each year and shall forward review all bumping applicants submitted by the plan first Association to it. It shall be selected as follows: a. Two (2) members are to be selected by the President Association. b. One (1) member to be selected by the Employer. c. Members may be from among the university's entire employment pool. An applicant who is successful at bumping into a new position shall be required to complete a new six (6) month probationary period. This probationary period may be waived for employees with Just Cause Status. A decision to waive all or designee and then to part of the Board of Regents for adoption, amendment or rejectionprobationary period is a non-grievable discretionary decision. The decision of probationary period attendant to a successful bumping applicant or to an employee recalled to a position other than the Employer same position from which laid off (See "Recall", infra) shall be limited to implement layoff performance concerns. In any event, except as expressed and limited by this provision only, infra, dismissal during a probationary period is not grievable. Within A successful bumping shall mandate that the probationary employee be given the first ninety (90) days of probationary appointment to assimilate departmentally specific knowledge while performing in the new job and therefore a successful bumping applicant shall not be dismissed from employment during the first ninety (90) days of his/her probationary contract of employment, unless there is, at least, an instructional area layoff expressed rational basis related to poor performance, in which case the Association may grieve only the existence of a rational basis for dismissal during this period. A successful bumping by an employee without Just Cause Status shall result in a probationary contract of employment to expire at the end of the fiscal year in which the bumping occurs. A successor contract of employment prior to the end of a probationary period in no way modifies that probationary period. If the employee would be eligible for Just Cause Status upon commencement of a new fiscal year contract, however, but for the need to complete the six (6) month probationary period, they will attain such Status upon completion of the probationary period, in accordance with the provisions of Article IX.A.7, notwithstanding the fact there may be an annual contract in effect on the date that the probationary period is completed. Any bumping which results in displacement of an employee in a higher salary classification shall result in the successful bumping applicant receiving the step on the new range closest to his/her salary step on the previous range. In addition, a Professional Staff Member who is laid off shall have a right to apply for and be considered for placement in vacant bargaining unit positions for which they are qualified, if they request such consideration within a reasonable time following their layoff. Whether a Professional Staff Member is qualified for any specific vacancy shall be in reverse order of seniority, unless differences exist in relative level of job performancedetermined by Human Resources and the Hiring Manager. When an exception If they are deemed not to be qualified they will receive a written rationale for this determination. This determination is necessary not subject to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under challenge through the grievance procedure. Each tenured faculty member Any laid off Professional Staff Member placed into a vacant position shall be informed serve a six (6) month probationary period in writing by November 1 that position. Except as specified in the provisions of the final academic year of employment. For two academic years from the date of layoffArticle IX.I.2 governing laid off members applying for vacant position, these provisions shall not alter bumping rights that Professional Staff Members have pursuant to this Article, e.g., a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not request to be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies considered for an open position within (or positions) will not count towards the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-five (5) positions that a laid off faculty member shall Professional Staff Member may designate as positions that they wish to be hired into the position provided the laid-off employee's qualifications considered for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedconnection with their bumping rights.

Layoff. ‌ ▇▇▇▇▇▇ is defined as (a) The period of layoff will be up to 24 months immediately following the termination notice period. (b) An Employee’s seniority will continue to accrue during a layoff. (c) An Employee will continue to participate in those benefit plans in which they had been participating immediately prior to the layoff in accordance with Article 22 to the end of tenured faculty members for programmatic or financial reasonsthe 2nd pay period following the pay period in which the date of layoff occurred. Within 30 calendar days from Subject to coverage being available in the faculty member's written notice of layoffmarketplace, the ▇▇▇▇ shall submit a layoff plan Employee may continue to participate in some or all of those benefit plans for the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after balance of the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision layoff provided that they pay 100% of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be premiums authorized in reverse order of seniorityadvance, unless differences exist in relative level of job performance. When an exception is necessary to assure for 6 month intervals renewable through the qualifications period of the remaining faculty members meet layoff. (d) While on layoff, an Employee will be eligible to participate under the needs terms of the continuing programsBursaries for Spouses and Dependents of University Employees and Tuition Assistance for Active Employees, standards for the full academic term (4 months) following the academic term in which the date of layoff occurred. 17.06 Severance Pay (a) An Employee subject to layoff who has not obtained an alternate position with the Employer will be developed by an agreement receive severance pay, calculated as of the college Union/Management committee containing date of layoff and in accordance with Appendix I: i. Upon request of the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed Employee in writing by November 1 of the final academic year of employment. For two academic years from to Human Resources at any time on or after the date of layoff, a tenured faculty member retains it being understood that severance pay shall be paid at the earliest on the first regular pay date following rights:the date of layoff; or a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or declineii. If the offer Employee has not made a request for severance pay, the date that is declined, any further rights under this section are extinguished24 months after the date of layoff. b. If iii. At the laid-off faculty member applies for point of collecting severance, an open position within Employee’s severance pay will be based on either Appendix I or the bargaining unit at any College covered by this agreemententitlement under the Employment Standards Act, and the position 2000, whichever is subsequently filled by the Employergreater. (b) Upon receipt of severance pay, the laid-off faculty member Employee’s employment at the University shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedend.

Layoff. ‌ If and when a reduction or reorganization in the workforce is necessary, following at least thirty (30) calendar days notice, for fiscal necessity based layoffs inclusive of opportunity for the Group Review Committee to respond and sixty (60) calendar days notice for reorganization based layoffs, layoff shall occur through deletion of Professional Staff position(s) as determined by the Employer. Within seven (7) calendar days of the receipt of official written notice of layoff due to a reduction or reorganization in the workforce, a university funded employee shall be specifically permitted to submit, in writing, application for and then receive good faith review of up to five (5) continuing positions whose incumbents are university funded and hold the least seniority in the same generic position classification from which the laid off employee holds greater seniority. Employees who have completed three full years of service in (a) the same grant-funded position; or (b) different associated-represented positions under the same grant funding source, are eligible to participate in the bumping process outlined herein. Employees who have not completed three full years of service as outlined above do not have bumping rights, regardless of the length of other university funded employment. The Employer shall consider all requests to bump in order of seniority service of the applicant. The Employer shall determine whether the applicant is qualified to bump the least senior employee in the positions applied for. If the Employer determines that the applicant is not qualified to bump in that position, the Employer shall determine whether the applicant is qualified to bump the next least senior employee in the positions applied for. This process shall continue until the applicant is deemed qualified for a bump or all five (5) positions have been considered. If the displaced employee is determined to hold the qualifications for the position reviewed, the employee shall be permitted to exercise his/her seniority rights to displace an employee with less seniority in the generic job classification for which the employee currently holds seniority or for which the employee holds seniority service credit accumulation, in the job classification from which a position was held immediately prior to the current job classification from which the employee is being laid off. Displacement is potentially available only for and within the following two (2) groupings: a. Assistant Director, Administrative Assistant I, Assistant to ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic , Assistant to Director, Assistant to Chair, Assistant to Sponsored Chair, Program or financial reasons. Within 30 calendar days from the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President Function Coordinator or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedManager. b. If the laid-off faculty member applies for an open position Professional Service Librarian (excluding Head Librarian) professional specialists within the bargaining unit at any College covered specific specialty area. The Employer retains its right to determine whether an employee possesses the qualifications to fill the position into which he/she seeks to bump. Qualification determination shall be based upon the qualifications set out by this agreementthe position description, as may be amended from time to time, as matched with the bumping applicant's qualifications and performance record. Consideration of performance as negatively effecting qualifications herein, shall be restricted to a formal performance record that is officially, and the position is subsequently filled by the Employerin writing, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employmentsatisfactory overall or a performance record evidencing active disciplinary status. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.Within seven

Layoff. ‌ ▇▇▇▇▇▇ is defined as Procedures -- Whenever, because of lack of work or lack of funds, it becomes necessary to lay off permanent or probationary employees, such layoff shall be conducted in accordance with procedures set forth in the termination sections below. 26.1 Persons laid off because of tenured faculty members lack of work or lack of funds are eligible for programmatic or financial reasonsre-employment for a period of thirty-nine (39) months and shall be re-employed in preference to new applicants, provided they meet qualifications for the position. Within 30 calendar days from In addition, such persons laid off have the faculty member's written notice of layoff, right to participate in promotional examinations within the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, District during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over thirty-nine (39) months. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who choose to remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall forward retain eligibility to be considered for re-employment for an additional period of up to twenty-four (24) months; provided that the plan first same tests of fitness under which they qualified for appointment to the President class shall still apply. Employees who take voluntary demotions or designee and then to voluntary reductions in assigned time in lieu of layoff shall be, at the Board of Regents for adoption, amendment or rejection. The decision option of the Employer employee, returned to implement a position in their former class or to positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid re-employment list, they shall be ranked on that list in accordance with their proper seniority. Employees in laid off status who refuse three offers of re-employment shall be deemed to have exhausted any and all rights to re- employment. 26.2 No volunteer, substitute, short-term employee or student will perform work ordinarily performed by the person laid off. 26.3 Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is not grievablelaid off, the order of layoff within the class shall be determined by seniority. Within an instructional area layoff Re-employment shall be in the reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ ▇/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ ▇/CEO at a mutually-mutually agreed upon time and place. The ▇▇▇▇ ▇/CEO may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ If the Board determines a layoff, in accordance with ORS 342.934, is defined necessary, the District agrees that such reduction shall be made in accordance with the following procedure: 1. Whenever the District determines that a layoff is necessary, it will notify the Association. Except in the case of an emergency, notice will be given to the affected employees as soon as is practicable. 2. In conducting a layoff under this Article, the District will first determine the program(s) or area(s) scheduled for layoff or elimination. a) After such determination, the District will make every effort to transfer employees in such program(s) or area(s) to other vacant positions for which they are properly licensed. b) The District will make every reasonable effort to combine positions in a manner which allows employees to remain licensed so long as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members combined positions meet the needs of the continuing programsDistrict. 3. In the event that a layoff is necessary, standards will the employees to be developed retained shall be determined by an agreement means of the college Union/Management committee containing following criteria: a) A determination that the process and measurements used employees to determine relative job performance. No tenured faculty member shall be retained hold the proper license to fill the remaining position(s); b) the District may retain an employee with less seniority if the District determines that the employee being retained has more competence than the employee being released except that no permanent employee will be laid off if licensed to teach a course being taught by a probationary faculty members are retained employee; c) competence shall be defined as the ability to teach a subject or grade level defined as elementary (K-6), middle (7-8), or high school (9-12) based on recent teaching experience related to subject or grade level within the instructional last five (5) years. Consistent with this definition of competence, however, so long as an employee is already licensed in a given area, subject, or endorsement area at the time that a layoff is declared, the District shall consider the willingness of the employee to teach courses the tenured faculty member is qualified pursue additional training and capable of teachingeducational preparation equivalent to nine (9) credit hours in making a competence determination. The selection nine (9) credit hours are subject to mutual agreement. For purposes of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off this section, Title I, Special Education, and Elementary Specialists (Music, PE, Counseling, Child Development) shall be informed grouped with the grade level that the particular employee has been teaching. 4. Seniority shall be defined as the employee's total length of continuous service in writing the District beginning with the first day of actual service after the most recent date of hire. Seniority will be computed and accrue from the employee's first contract day in a bargaining unit position and shall continue to accrue during paid leaves. Seniority shall not accrue during unpaid leaves of absence, except as required by November 1 law, but authorized unpaid leaves of the final academic year absence shall not be considered to "break" continuity of employment. For In case two academic years from (2) or more employees have the date of layoffsame seniority with the District, the tie will be resolved by drawing lots. 5. Nothing in this Article shall be construed so as to interfere with the Board's right to dismiss a tenured faculty member retains permanent employee pursuant to the following rights: a. The position provisions of the laidFair Dismissal Law or to dismiss or non-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired renew a probationary employee pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedORS 342.835.

Layoff. ‌ ▇▇▇▇▇▇ is defined as 30.1 Except in those instances where senior Employees are not qualified to perform remaining work, seniority shall determine the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice order of layoff. 30.2 Layoff shall be by classification within the department in inverse order of classification seniority. However, the ▇▇▇▇ shall submit a layoff plan an Employee about to the local Union. The Union be laid off shall have 30 calendar days the right to review bump (displace) any Employee in a lower classification, provided the Employer determines the employee exercising bumping rights has previously held the position and comment upon is adequately qualified to perform the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision duties of the Employer to implement layoff classification into which s/he is not grievable. Within an instructional area moving, and s/he has greater department seniority than the bumped Employee. 30.3 Recall from layoff shall be by classification within the department in reverse inverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled Employee does not return to work upon recall as directed by the Employer, or on a date mutually acceptable to both the laid-off faculty member Employee and Employer, s/he shall automatically have terminated his/her employment. Recall notification for an indefinite layoff shall be hired into by mail to the position provided Employee’s last known address. Recall notification for a definite layoff shall be contained in the laid-off employee's qualifications layoff notice. An Employee’s name shall be retained on the recall list for the job in question are substantially equal or above those of other applicants. If hired pursuant two (2) years, at which time all rights to this subsection, the previously laid-off faculty member recall shall terminate. 30.4 The Employer shall not retain tenure except hire a new Employee in a classification where an Employee is laid off with the right for recall. 30.5 The Employer shall issue written notice of an indefinite layoff at least fifteen (15) calendar days in advance of layoff and will meet and confer with the Union to attempt to minimize the impact of the layoff on unit members. The Employer shall issue written notice of recall from an indefinite layoff to affected Employees by mutual agreement between the President or designee and the faculty membercertified mail/return receipt, but shall retain previously-accumulated seniorityprovided at least fifteen (15) calendar days to return to work. Any salary An indefinite layoff shall be prodefined as a layoff made for an indeterminate period at the time of notice or any layoff of forty-rated for less than fullfive (45) or more days. 30.6 Unappointment of an Employee from the appointed positions of Inspector and Deputy Chief, shall be accomplished by re-time employment. Once such an offer assigning the employee to the rank of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedLieutenant.

Layoff. ‌ 1. A permanent employee may be subject to layoff for lack of work or lack of funds. An employee subject to layoff shall be given forty-five (45) calendar days notice of an impending layoff or pay and benefits in lieu of notice. 2. Any layoff shall be administered within a class. The order of layoff shall be based on seniority within that class and higher classes in which the employee has served. Any employee(s) with the least seniority shall be laid off first. Seniority shall be established by date of service in each class. 3. An employee laid off from her/his present class may bump into the next equal or lower class in which the employee has greater seniority. The employee may continue to bump into such equal or lower classes to avoid layoff, provided the employee has worked previously in the lower class position. 4. An employee who elects a layoff in lieu of bumping maintains her/his reemployment rights under this Agreement. 5. If two (2) or more employees subject to layoff have equal class seniority, the determination shall be by time in paid service, then by lot. 6. Laid off employees are eligible for preferred reemployment in the class from which laid off for a thirty-nine (39) month period and shall be offered reemployment in reverse order of layoff. A laid- off employee who has accepted demotion in lieu of layoff shall have an additional twenty-four (24) months to be reemployed in the former position or a total of sixty-three (63) months from the date of the original layoff. a. Notice of the opportunity for reemployment shall be made by certified mail, personal service or by verbal contact that is logged. When verbal contact is utilized, the notice of opportunity for reemployment by verbal contact shall be followed up by notice using certified mail or person service. b. The laid-off employee shall accept or reject the opportunity for reemployment no later than the close of business on the second day following receipt of such notice. (Failure to accept two (2) reemployment opportunities shall be just cause to remove the laid-off employee’s name from the reemployment list.) c. When reemployment is accepted, the employee shall have a maximum of ten (10) working days to report to work. Failure to report to work within the ten (10) working day period shall be just cause for removing the laid-off employee’s name from the reemployment list. d. Time limits may be extended for reasonable period or the laid-off employee’s name may be passed over to definite point of time upon receipt of verification of illness or an acceptable personal hardship as determined by the Superintendent or her/his designee. Such extensions or passing over shall not be unreasonably withheld. 7. Any employee who was subject to being or was in fact laid off and who is qualified for and who elected retirement from the Public Employees’ Retirement System shall be placed on an appropriate reemployment list. The District shall notify the Board of Administration of the Public Employees’ Retirement System of the fact that retirement was due to layoff. If he/she is subsequently subject to reemployment and accepts (in writing) the appropriate vacant position, the District shall maintain the vacancy but may fill it on a temporary basis until the Board of Administration of the Public Employees’ Retirement System has properly processed her/his request for reinstatement from retirement. 8. A laid-off employee may place an application of file for any position for which they feel qualified. If an application is on file the laid-off employee shall be notified of any such vacancy during the layoff period. If rehired during a thirty-nine (39) month period, all rights and benefits shall be restored. The employee shall retain all reemployment rights relating to the position from which the employee was originally laid off. A laid off classified employee must be given “preference” over new applicants accordance with the “▇▇▇▇▇▇ Decision.” 9. In the event a layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffnecessary, the ▇▇▇▇ District shall submit a layoff plan to the local Unionprepare an updated seniority roster indicating employee’s seniority in each class. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff Such rosters shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary available to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedCSEA. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-mutually agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any the College covered by this agreementof Technology, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-laid- off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined A. Any employee to be laid off shall be notified in writing with as the termination much advance notice as possible. The District will strive to do this in sixty (60) calendar days, but not less than forty-five (45) calendar days. This clause does not apply to 1:1 and overload positions. B. When faced with a necessary reduction of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffstaff, the ▇▇▇▇ Board shall submit a layoff plan handle such, to the local Uniondegree possible, by not filling vacancies. An employee unassigned due to the elimination of a position may temporarily fill an open position. The Union unassigned employee shall retain his current wage or wage of the open position, whichever is higher, until the unassigned employee is permanently assigned. C. All part-time Adult Education School Paraprofessionals shall be listed on a separate seniority list by date of hire. If a part-time Adult Education School Paraprofessional is hired into the other clerical seniority group, he may not use seniority from their list for the purpose of bidding or job preference but shall be considered if his qualifications meet the standards for the position. D. In the event necessary reduction of staff requires the layoff of employees, the following procedures will be followed: 1. Identify positions to be eliminated. 2. Provide layoff notification to the least senior employees equal in FTE number to the FTE number of positions eliminated. 3. For each position that has been eliminated, all positions of equal or lesser level occupied by employees less senior than the employee whose job has been eliminated will be identified and declared vacant. Such employees would be considered unassigned and their positions made available through an open posting and bidding process. 4. Unassigned employees shall not forfeit benefits during periods of unassignment and shall have 30 calendar days the right to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first bid positions subject to the President or designee seniority provisions of this agreement. Unassigned employees are employees who are not assigned to a position for reasons other than layoff. 5. Employees occupying positions declared vacant shall continue to occupy those positions until the open posting and then bid process is completed. 6. In the event that a temporary (overload, 1:1) position is eliminated during the course of the school year, this language does not apply. E. Employees will be called back from layoff status in order of greatest years of service to the Board of Regents District provided that an employee may be passed over for adoption, amendment or rejection. The decision of the Employer to implement layoff is call- back if he does not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure meet the qualifications of the remaining faculty members meet vacant position for which the needs call-back is being made. When an employee on layoff is offered an open position, which carries the same classification or a higher classification as the position held when the employee was laid off and the employee refuses said position, it will be considered a voluntary resignation. F. Any demotion directly or indirectly resulting from implementation of the continuing programsprocedures of this ARTICLE shall provide that the employee remains at the hourly level of pay received for a period not to exceed two (2) years or until hourly rate of position assumed equals or exceeds previous level of hourly pay, standards whichever comes first. G. In applying the wage protection provision in this ARTICLE, the total wages paid in conjunction with the unemployment compensation benefits are not to exceed the total wage protection requirements. In the event that earnings exceed the maximum protection amount, the District is entitled to the recovery of the excess money from the appropriate individual employee. H. All fringe benefits accumulated by an employee prior to his layoff shall be held frozen pending his return. Earned vacation will be developed by an agreement paid, upon request, to the employee at the time of layoff. Should a member’s position be outsourced, the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off due to this outsourcing may request payment of unused sick time at the contractual retirement calculations. I. An employee on layoff status may continue group insurance coverage (except for disability income) at his expense, except that the Board will continue to pay premiums for employees on layoff status resulting from strikes by other bargaining groups. In the event of layoff where an employee will not be recalled for greater than one year, health and dental benefits then provided to the employee will be continued for sixty (60) days beyond the month of layoff. J. Employees on layoff status shall be informed given preference for on-call employment in writing by November 1 order of greatest seniority and shall be paid at their regular rate for one (1) year when performing on-call assignments. K. Employees on layoff status may bid on positions subject to the seniority provision of this Agreement. L. If application of the final academic year above layoff provisions results in assignment of employmentan employee to a different position and such different position is one he does not wish to fill, such employee may, if the Board consents, elect to take a voluntary layoff. For two academic years from Any such voluntary layoff shall be governed by the date of following: 1. The employee must request such voluntary layoff, a tenured faculty member retains the following rights: a. The position in writing, within twenty-one (21) calendar days after being notified of the laid-off faculty member shall not be filled unless change (or prospective change) in his assignment. Such written request must acknowledge that the laid-off faculty member has been offered reinstatement at his previous tenure employee understands and seniorityagrees to all of the provisions in Section 1. 2. The faculty member shall have 30 days in which voluntary layoff will continue until such time as the employee’s original position (i.e., a position substantially the same as the position occupied at the time of election to accept or declinetake voluntary layoff) becomes again available on the basis of the employee’s years of service and ability to meet qualifications. In such event, the employee will be given written notice of recall. If he does not report for duty within fifteen (15) calendar days after mailing of the offer recall notice to his address as shown on Board records, he will be conclusively presumed to have resigned and all of his seniority or other rights will terminate. (It shall be the employee’s responsibility to keep the Board notified, in writing, of any change in his address.) 3. When an employee on voluntary layoff is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for offered an open position within the bargaining unit at any College covered by this agreement, and that carries a lower classification than the position is subsequently filled by he held when the Employervoluntary layoff took effect, the laid-off faculty member shall be hired into employee may decline same. 4. When an employee on voluntary layoff is offered an open position that carries the same classification as the position provided the laid-off employee's qualifications for the held when he elected voluntary layoff or carries a higher classification and he refuses, it will be considered a voluntary resignation. 5. Voluntary layoffs become effective when there is job in question elimination. 6. Employees on leaves of absence are substantially equal or above those of other applicants. If hired pursuant not eligible to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to request a previously laid-off faculty member, all further rights under this subsection are extinguishedvoluntary layoff.

Layoff. ‌ ▇▇▇▇▇▇ is defined as Before laying off an employee, the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from College will attempt to place the faculty member's written notice of layoffmember in any open annually contracted position in the bargaining unit for which the employee is qualified. An employee transferred under this provision shall have no further recall rights under this Article. However, should the position be reinstated, the ▇▇▇▇ shall submit a layoff plan College will allow the individual to transfer back to the local Unionoriginal position after all laid­off employees eligible for that position have rejected recall rights. The Union Employees shall have 30 calendar days to review and comment upon be notified by the plan, during which time its representatives College about the proposed layoff. Affected employees may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first submit alternative proposals to the Vice President or designee of Instruction and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teachingStudent Services. 1. The selection of one individual rather than another for layoff may employees to be challenged under laid off pursuant to the grievance procedurereduction in force shall be made from among the employees within the RIF Grid Unit(s) affected by the reduction in force and shall be made consistent with the educational priorities of such unit(s). Each tenured faculty member Whenever possible, reduction in force shall be applied so as to protect full­time positions. 2. The order in which employees within the affected unit(s) are laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rightstake place as follows: a. First, from among the less than half­time faculty in the affected RIF Grid Unit(s) before the half­time or more faculty are laid off; b. Then, from among half­time or more faculty, temporary faculty in the affected RIF Grid Unit(s) are to be laid off before the probationary and regular faculty are laid off; c. Lastly, from among the half­time or more probationary faculty in the affected RIF Grid Units before the half­time or more regular faculty are laid off. 3. The position order of layoff within each category listed in Subsection 2 above, except non­bargaining unit faculty members, shall be by inverse order of length of continuous service from the laid-off first employment date recorded in the faculty member member’s first annual probationary contract (seniority). The order of layoff is subject to the requirement that faculty remaining within each affected unit have the qualifications necessary to teach the remaining courses and/or perform the remaining duties. a. Persons who remain outside the bargaining unit for more than twenty­four (24) consecutive months shall relinquish all seniority rights and shall be terminated from the faculty bargaining unit. b. An authorized leave of absence or layoff for up to two (2) years with or without salary shall not be filled unless deemed an interruption of continuous service for the laid-off purpose of continued accumulation of seniority. 4. In the event a decision is to be made between two (2) faculty who are equal in seniority, the decision of who shall be retained shall be made on the following basis: a. Earliest date of first payroll check as a faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days with the College in which to accept either a full­ or decline. If the offer is declined, any further rights under this section are extinguishedpart­time capacity. b. If the laid-off affected faculty member applies for an open position within remain tied in seniority after applying subparagraph a., then the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member decision shall be hired into the position provided the laid-off employee's qualifications made by lot. 5. RIF Grid Units recognized for the job purpose of implementing reduction in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member force shall not retain tenure except by mutual agreement between the President or designee include courses and/or activities grouped as follows: a. Skills Development and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.Early College Options b. Library

Layoff. ‌ ▇▇▇▇▇▇ Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ ▇/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ ▇/CEO at a mutually-mutually agreed upon time and place. The ▇▇▇▇ ▇/CEO may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.. SEE ADDENDUM A:‌

Layoff. ‌ ▇▇▇▇▇▇ ‌ A. When it is defined necessary to reduce administrative positions for either economic reasons or declining enrollment, the following steps shall be taken: 1. The Board shall follow State law as set forth in Public Act 183 regarding the termination layoff of tenured faculty members for programmatic or financial reasonsadministrators. Within 30 calendar days from the faculty member's The Board shall give written notice of layoffrecall from layoff by sending a registered or certified letter or telegram to said administrator at his/her last known address. The administrator's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, the ▇▇▇▇ shall submit a layoff plan recall, or other notice to the local Unionadministrator. The Union shall have 30 calendar If an administrator fails to respond within thirteen (13) days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position mailing of the laid-off faculty member recall, unless an extension is granted, in writing, by the Board, said administrator shall be considered to have voluntarily resigned and the administrator's employment contract and any other employment relationship with the Board shall be deemed terminated. Each administrator is responsible for keeping the employer advised, in writing, of any change of address and will not be filled unless excused for failure to report to work or recall if he/she fails to receive notice because of his/her own failure to advise the laid-employer, in writing, of his/her change of address. Administrators laid off faculty member has been offered reinstatement at his previous tenure through the procedure as stated shall be maintained on a recall list until they refuse an opportunity to return to a position for which they are certified and seniority. The faculty member shall have 30 days in which to accept or declinequalified. 2. If an administrator is relieved of his/her duties because of reduction in staff or abolishment of position, and an administrative position is not available, he/she will be offered a teaching position for which he/she is certified to teach, with full seniority credit given for length of service with the offer is declinedDistrict as an administrator and/or teacher, any further rights under this section are extinguishedif the administrator has previously been a teacher in the District. b. If B. Administrators who have had prior years of teaching experience in the laid-off faculty member applies for an open position within District will be able to use all their years of experience in the bargaining District if they return to the Bargaining unit at any College covered by this agreement, and be placed on the position is subsequently filled by seniority listwith all years credited. C. Administrators who have not had prior teaching experience in the Employer, Bargaining unit will not be allowed to credit their years of administrative experience on the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedteacher seniority list.

Layoff. ‌ ▇▇▇▇▇▇ is defined as In the termination event it becomes necessary through layoff to reduce the number of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffancillary staff, the ▇▇▇▇ proposed reductions shall submit a layoff plan be discussed with the Association prior to the local Unionimplementation. 1. The Union Board shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be lay off ancillary staff in reverse order of seniority, unless differences exist seniority based solely on District staffing needs in relative level areas of job performancequalification (see Article 9.B & C) and employee’s next school year’s assignments. When an exception The next school year assignment is necessary to assure the qualifications defined as 50% of the remaining faculty members meet the needs ancillary staff present assignment, as on record in Human Resources. In addition, when there is a need to reduce in any of the continuing programsfollowing areas, standards will the Board shall lay off ancillary staff only within the affected job category(ies): School Social Workers, School Nurses, School Psychologists, Occupational Therapists, Physical Therapists, and Speech Therapists (or any other ancillary staff). 2. Any layoff of an ancillary staff shall automatically terminate the individual's employment contract and all Board-paid benefits allowed therein. Provided the employee pays his/her share of July and August premiums, the Board shall continue to pay its portion of insurance benefits through August 31 on behalf of a laid off employee who has worked the whole school year. Upon recall, whether to a permanent or temporary assignment, the individual's employment contract and all benefits under this Agreement shall be developed by an agreement reinstated in full. 3. The Board shall give no less than thirty (30) calendar days' notice before the start of the college Union/Management committee containing school year or the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 start of the final academic year of employment. For two academic years from 2nd semester to the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedancillary staff being laid off. b. If 4. In conjunction with Article 20.A, it is intended that this Article takes precedence over and governs the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementindividual contract, and the position individual contract is subsequently filled by expressly conditioned upon this Article. 5. Seniority shall continue to accrue through layoff subject only to the Employerlimitations set forth in Article 10. 6. Any ancillary staff who collects unemployment compensation during the summer months (Michigan Unemployment Insurance Agency’s summer denial period) and who is recalled before the start of his/her normal work year so that he/she suffers no actual loss of district compensation shall be obligated to reimburse the District the amount of unemployment compensation paid, upon the written request of the District. In this case, the laid-off faculty member ancillary staff shall be hired into offered the position provided choice of repayment by either payroll deduction of the laid-off employee's qualifications for appropriate amount in equal payments over the job in question are substantially equal entire school year or above those of other applicants. If hired pursuant direct payment to this subsection, the previously laid-off faculty member shall not retain tenure except district by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedSeptember 30.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination a. When it becomes necessary to lay off an employee or a number of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffemployees, the ▇▇▇▇ shall submit a layoff plan employee or employees to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed determined on the basis of seniority within their job classification. An employee to be laid off shall be notified in writing at least ten (10) working days prior to the effective date of layoff with the reasons for the layoff stated. b. Assignment of paraprofessionals is done by November 1 June 30. If an instructional assistant is assigned to an individual student and that individual student moves or has an IEP that expires the district may exercise its discretion to retain a less senior assistant assigned to an individual student based upon that employee’s possession of a special skill: for example: signing ability, braille ability, specialized medical training to minister to the student’s specialized medical needs or a special bond with the student. 11.2 Employees laid off under this article shall retain their rights to recall for a period of twelve (12) months following such layoff. Employees will be notified in writing of recall to an available position via certified mail. Employees who fail to respond within ten (10) days of receipt shall be deemed to have refused recall and will forfeit any recall rights and accrued benefits. An employee may, however, refuse a position that is less contracted time than the position from which the employee was reduced/laid off. In this instance there shall be no penalty. Employees shall maintain a current address on file in the central office. 11.3 Employees shall be recalled in the reverse order of layoff. In the event a position becomes available in a job classification represented by the Association and there is no one on layoff from that classification, then the position shall be offered to the Association member on layoff who qualifies for that position and based upon seniority. 11.4 The seniority of each employee covered by this Agreement shall be computed using the employees’ last hiring date. Transferred employees shall maintain their last date of continuous service from any previous school within the supervisory union. An employee shall lose all seniority and his/her seniority shall cease to accrue upon the occurrence of any of the final academic year following events: a. He/she voluntarily terminates his/her employment; b. He/she is discharged for just cause; c. He/she fails to return to work within ten (10) working days after receiving written notice in the form of employmenta certified letter from the Superintendent of being recalled following a layoff. For two academic years The certified letter shall be with a return receipt requested and the date indicated upon the receipt shall commence the ten (10) day period. In all instances, the employee shall be required to respond to said notice within three (3) working days of its receipt. Extensions to the ten (10) day period may be applied for and may be granted due to unforeseen circumstances; d. He/she is absent for three (3) consecutive workdays without notice to the supervisor/building principal or Superintendent, unless such notice is physically impossible due to extraordinary or extreme illness or accidental occurrence; e. He/she fails to return to work at the end of a leave of absence authorized hereunder, unless prevented by disabling illness or accident; f. He/she fails to return to work for a period of twelve (12) months from the date of layoffhis/her layoff for any reason; provided, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not however, that such period may be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered extended by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee Association and the faculty member, but shall retain previously-accumulated seniority. Any salary Board in the event that the employee’s failure to return shall be pro-rated for less than full-time employmentcaused by illness or accidental occurrence; g. His/her retirement. 11.5 The seniority of employees who switch from one job classification to another will transfer directly into their new classification. Once such an offer of employment is made The Superintendent will provide a yearly seniority and wage list to a previously laid-off faculty member, all further rights under this subsection are extinguishedthe Association by October 1.

Layoff. ‌ ▇▇▇▇▇▇ A layoff is defined as any mandatory reduction in a worker's hours of work or days of work or the termination elimination of tenured faculty members for programmatic a position because of lack of work or financial reasons. Within 30 calendar days from the faculty member's written notice lack of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Unionfunds. The affected worker(s) and the Union shall have 30 calendar be notified in writing at least 20 working days in advance of a proposed layoff and shall be afforded the opportunity to review meet and comment upon confer regarding the plan, during which time decision to layoff and its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and placeeffects. The ▇▇▇▇ may revise the plan after the period principle of comment is over and seniority shall forward the plan first apply in any layoff. A. Order of Layoff 1. Call for Volunteers (to the President or designee and then to the Board of Regents be considered involuntary for adoption, amendment or rejectionunemployment purposes) 2. The decision of the Employer to implement layoff is not grievableTemporary workers 3. Within an instructional area layoff shall be Introductory workers in reverse order of seniority, unless differences exist 4. Regular full and part time workers including workers who perform on-ca duties in relative level reverse order of job performanceseniority. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members Workers who are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed given 2 weeks severance pay. Workers in writing by November 1 good standing to be laid off shall be offered any vacant position for which they are qualified. B. Re-call Lists 1. The principle of the final academic year seniority, good standing, and qualified shall apply to recall. Workers who have been laid off in good standing will have re-call rights in their classification for a period of employment. For two academic years 12 months from the date they were laid off. The names of such workers shall be placed, in the reverse order of their layoff, on a tenured faculty member retains re-call list for that classification. Workers are to be called back to work from layoff according to their placement on the following rights: a. The position list. No open recruitment shall be made to the classification until this re• call list is exhausted. It is the responsibility of the laid-off faculty member shall not be filled unless worker to keep her/his contact information current with the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or declineEmployer. 2. If a laid off worker refuses a job in her/his or his classification for which she/he is qualified, the offer is declined, any further rights under this section are extinguishedlaid off worker shall then be classified as a voluntary resignation and removed from the re-call list. b. If the laid-3. Regular and introductory workers who have been laid off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into guaranteed an interview for any positions that become available in any program in the position provided Agency providing that they possess the laid-off employee's qualifications minimum requirements for the job and were in question are substantially equal or above those good standing at the time of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedlayoff.

Layoff. ‌ ▇▇▇▇▇▇ is defined as In the termination event it becomes necessary through layoff to reduce the number of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffancillary staff, the ▇▇▇▇ proposed reductions shall submit a layoff plan be discussed with the Association prior to the local Unionimplementation. 1. The Union Board shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be lay off ancillary staff in reverse order of seniority, unless differences exist seniority based solely on District staffing needs in relative level areas of job performancequalification (see Article 9.B & C) and employee’s next school year’s assignments. When an exception The next school year assignment is necessary to assure the qualifications defined as 50% of the remaining faculty members meet the needs ancillary staff present assignment, as on record in Human Resources. In addition, when there is a need to reduce in any of the continuing programsfollowing areas, standards will the Board shall lay off ancillary staff only within the affected job category(ies): School Social Workers, School Nurses, School Psychologists, Occupational Therapists, Physical Therapists, and Speech Therapists (or any other ancillary staff). 2. Any layoff of an ancillary staff shall automatically terminate the individual's employment contract and all Board-paid benefits allowed therein. Provided the employee pays their share of July and August premiums, the Board shall continue to pay its portion of insurance benefits through August 31 on behalf of a laid off employee who has worked the whole school year. Upon recall, whether to a permanent or temporary assignment, the individual's employment contract and all benefits under this Agreement shall be developed by an agreement reinstated in full. 3. The Board shall give no less than thirty (30) calendar days' notice before the start of the college Union/Management committee containing school year or the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 start of the final academic year of employment. For two academic years from 2nd semester to the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedancillary staff being laid off. b. If 4. In conjunction with Article 20.A, it is intended that this Article takes precedence over and governs the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementindividual contract, and the position individual contract is subsequently filled by expressly conditioned upon this Article. 5. Seniority shall continue to accrue through layoff subject only to the Employerlimitations set forth in Article 10. 6. Any ancillary staff who collects unemployment compensation during the summer months (Michigan Unemployment Insurance Agency’s summer denial period) and who is recalled before the start of their normal work year so that they suffers no actual loss of district compensation shall be obligated to reimburse the District the amount of unemployment compensation paid, upon the written request of the District. In this case, the laid-off faculty member ancillary staff shall be hired into offered the position provided choice of repayment by either payroll deduction of the laid-off employee's qualifications for appropriate amount in equal payments over the job in question are substantially equal entire school year or above those of other applicants. If hired pursuant direct payment to this subsection, the previously laid-off faculty member shall not retain tenure except district by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedSeptember 30.

Layoff. ‌ ▇▇▇▇▇▇ A. When it is defined necessary to reduce administrative positions for either economic reasons or declining enrollment, the following steps shall be taken: 1. The Board shall follow State law as set forth in Public Act 183 regarding the termination layoff of tenured faculty members for programmatic or financial reasonsadministrators. Within 30 calendar days from the faculty member's The Board shall give written notice of layoffrecall from layoff by sending a registered or certified letter or telegram to said administrator at his/her last known address. The administrator's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, the ▇▇▇▇ shall submit a layoff plan recall, or other notice to the local Unionadministrator. The Union shall have 30 calendar If an administrator fails to respond within thirteen (13) days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position mailing of the laid-off faculty member recall, unless an extension is granted, in writing, by the Board, said administrator shall be considered to have voluntarily resigned and the administrator's employment contract and any other employment relationship with the Board shall be deemed terminated. Each administrator is responsible for keeping the employer advised, in writing, of any change of address and will not be filled unless excused for failure to report to work or recall if he/she fails to receive notice because of his/her own failure to advise the laid-employer, in writing, of his/her change of address. Administrators laid off faculty member has been offered reinstatement at his previous tenure through the procedure as stated shall be maintained on a recall list until they refuse an opportunity to return to a position for which they are certified and seniority. The faculty member shall have 30 days in which to accept or declinequalified. 2. If an administrator is relieved of his/her duties because of reduction in staff or abolishment of position, and an administrative position is not available, he/she will be offered a teaching position for which he/she is certified to teach, with full seniority credit given for length of service with the offer is declinedDistrict as an administrator and/or teacher, any further rights under this section are extinguishedif the administrator has previously been a teacher inthe District. b. If B. Administrators who have had prior years of teaching experience inthe District will be able to use all their years of experience in the laid-off faculty member applies for an open position within District if they return to the bargaining Bargaining unit at any College covered by this agreement, and be placed on the position is subsequently filled by seniority listwith all years credited. C. Administrators who have not had prior teaching experience in the Employer, Bargaining unit will not be allowed to credit their years of administrative experience on the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedteacher seniority list.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ ▇/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ ▇/CEO at a mutually-mutually agreed upon time and place. The ▇▇▇▇ ▇/CEO may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any the College covered by this agreementof Technology, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ A layoff is a permanent or prolonged reduction in the number of employ- ees employed by the Hospital. Layoffs shall be by departmental unit, shift, and job clas- sification. In the event of a layoff or permanent reduction in hours, bargaining unit sen- iority within the departmental unit, shift, and job classification shall be the determining factor providing that skills, competence and ability in a specific area are considered rela- tively equal in the good faith opinion of the Employer. Decisions regarding skills, compe- tence and ability shall be based on specific job-related duties. An employee whose posi- tion has been eliminated or permanently reduced in hours pursuant to this section will have the right to: (a) accept the layoff/reduced FTE position; (b) accept a vacant position for which s/he is fully qualified in the good faith opinion of the Employer; or (c) displace the position of any less senior employee whose name appears on the Low Seniority Ros- ter (defined as in Section 17.2.1, below), provided that, in the termination good faith opinion of tenured faculty members for programmatic or financial reasonsthe Em- ployer, all of the following conditions are met: the two employees' skills, competence, ability and prior job performance (within the previous twelve (12) months) are relatively equal, and the displacing employee can carry a full patient load. Within 30 calendar days from Employees unable to displace another individual under the faculty member's written notice foregoing procedure will be placed on layoff. Once advised of her/his layoff, an employee must exercise displacement rights by 5:00 p.m. on the second weekday following the day on which s/he was advised of layoff. Prior to implementation of any layoff, the ▇▇▇▇ Hospital shall submit a layoff plan evaluate whether the need for such action might be mitigated by measures such as solicitation of volunteers and vol- untary changes in employee FTE status, and will adopt any such measure subject to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programsunit. Additionally, standards the Hospital will be developed not extend the contract of any Traveler working within a unit affected by an agreement layoff provided that regular bargaining unit staff are ca- pable of fully providing those necessary services. (f)1.1. The Low Seniority Roster consists of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable least senior twenty-five per- cent (25%) of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than all full-time employmentand part-time nurses in the bargaining unit. Once such Subject to the requirements of Section 17.2(c), above, an offer employee on the Low Seniority Roster whose position has been identified for layoff, and any employee who has been displaced by another employee pursuant to the above process, may displace the position of employment a less senior employee on the Low Seniority Roster. Provided, however, that the displacement (bumping) process identified in this Article is made lim- ited to not more than two (2) bumps, regardless of seniority among the remaining employees on the Low Seniority Roster. (f)1.2. Notice will be given to the Union of a previously laid-layoff when employees are in- formed. Upon request of the Union, the Employer and the Union will meet to ad- dress the subject of the impact of the layoff and review the seniority roster and layoff process. Each employee subject to layoff will receive fourteen (14) calendar days' notice or pay in lieu thereof for scheduled shifts during that notice period. Employees who are laid off faculty memberwill be allowed to work for the Hospital in a PRN ca- pacity without adversely impacting their recall rights. This section shall not apply to Travelers, all further rights under this subsection are extinguishedwho will be allowed to complete their contractual commitment to the Hospital so long as the Hospital’s retention of the Traveler’s services would not increase the scope of the layoff.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination A. When faced with a necessary reduction of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffstaff, the ▇▇▇▇ Board shall submit a layoff plan handle such, to the local Uniondegree possible, by not filling vacancies. An employee unassigned due to the elimination of a position may temporarily fill an open position. The Union unassigned employee shall retain her current wage or wage of the open position, whichever is higher, until the unassigned employee is permanently assigned. B. All part-time Adult Education School Aides shall be listed on a separate seniority list by date of hire. If a part-time Adult Education School Aide is hired into the other clerical seniority group, she may not use seniority from their list for the purpose of bidding or job preference but shall be considered if her qualifications meet the standards for the position. C. In the event necessary reduction of staff requires the layoff of employees, the following procedures will be followed: 1. Identify positions to be eliminated. 2. Provide layoff notification to the least senior employees equal in FTE number to the FTE number of positions eliminated. 3. For each position that has been eliminated, all positions of equal or lesser level occupied by employees less senior than the employee whose job has been eliminated will be identified and declared vacant. Such employees would be considered unassigned and their positions made available through an open posting and bidding process. 4. Unassigned employees shall not forfeit benefits during periods of unassignment and shall have 30 calendar days the right to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first bid positions subject to the President or designee seniority provisions of this agreement. Unassigned employees are employees who are not assigned to a position for reasons other than layoff. 5. Employees occupying positions declared vacant shall continue to occupy those positions until the open posting and then bid process is completed. 6. In the event that a temporary (overload, 1:1) position is eliminated during the course of the school year, this language does not apply. D. Employees will be called back from layoff status in order of greatest years of service to the Board of Regents District provided that an employee may be passed over for adoption, amendment or rejection. The decision of the Employer to implement layoff is call-back if she does not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure meet the qualifications of the remaining faculty members meet vacant position for which the needs of the continuing programs, standards will be developed by call- back is being made. When an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member employee on layoff is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within which carries the bargaining unit at any College covered by this agreement, same classification or a higher classification as the position held when the employee was laid off and the employee refuses said position, it will be considered a voluntary resignation. E. Any demotion directly or indirectly resulting from implementation of the procedures of this ARTICLE shall provide that the employee remain at the hourly level of pay received for a period not to exceed two (2) years or until hourly rate of position assumed equals or exceeds previous level of hourly pay, whichever comes first. F. In applying the wage protection provision in this ARTICLE, the total wages paid in conjunction with the unemployment compensation benefits are not to exceed the total wage protection requirements. In the event that earnings exceed the maximum protection amount, the District is entitled to the recovery of the excess money from the appropriate individual employee. G. All fringe benefits accumulated by an employee prior to her layoff shall be held frozen pending her return. Earned vacation will be paid, upon request, to the employee at the time of layoff. H. An employee on layoff status may continue group insurance coverage (except for disability income) at her expense, except that the Board will continue to pay premiums for employees on layoff status resulting from strikes by other bargaining groups. I. Employees on layoff status shall be given preference for on-call employment in order of greatest seniority and shall be paid at their regular rate for one (1) year when performing on-call assignments. J. Employees on layoff status may bid on positions subject to the seniority provision of this Agreement. K. If application of the above layoff provisions results in assignment of an employee to a different position and such different position is subsequently filled one she does not wish to fill, such employee may, if the Board consents, elect to take a voluntary layoff. Any such voluntary layoff shall be governed by the Employerfollowing: 1. The employee must request such voluntary layoff, in writing, within twenty- one (21) calendar days after being notified of the change (or prospective change) in her assignment. Such written request must acknowledge that the employee understands and agrees to all of the provisions in this Section I. 2. The voluntary layoff will continue until such time as the employee’s original position (i.e., a position substantially the same as the position occupied at the time of election to take voluntary layoff) becomes again available on the basis of the employee’s years of service and ability to meet qualifications. In such event, the laid-off faculty member employee will be given written notice of recall. If she does not report for duty within fifteen (15) calendar days after mailing of the recall notice to her address as shown on Board records, she will be conclusively presumed to have resigned and all of her seniority or other rights will terminate. (It shall be hired into the employee’s responsibility to keep the Board notified, in writing, of any change in her address.) 3. When an employee on voluntary layoff is offered an open position that carries a lower classification than the position provided she held when the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsectionvoluntary layoff took effect, the previously laid-off faculty member shall employee may decline same. 4. When an employee on voluntary layoff is offered an open position that carries the same classification as the position held when she elected voluntary layoff or carries a higher classification and she refuses, it will be considered a voluntary resignation. 5. Voluntary layoffs become effective when there is job elimination. 6. Employees on leaves of absence are not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made eligible to request a previously laid-off faculty member, all further rights under this subsection are extinguishedvoluntary layoff.

Layoff. ‌ ▇XX.1. Layoff is defined as a partial or total reduction in normal teaching time. These provisions apply to tenured and term-contract faculty members only. The normal teaching time for each tenured part-time faculty has been determined by mutual agreement between ▇▇▇▇▇ and MFT and is defined set as of June 30, 1992. In the termination event of tenured faculty members for programmatic a financial exigency, discontinuance or financial reasons. Within 30 calendar days from the faculty member's written notice curtailment of layoff, the academic program or decreasing enrollment at ▇▇▇▇▇ shall submit wherein prudent management would dictate that there be a layoff plan of one or more tenured faculty members, layoffs may occur. Such layoffs may be appealed through the grievance procedure. XX.2. In the event the Administration determines that reduction in faculty members will be required, it will take place in the following manner: a. An administration-faculty committee consisting of three (3) Administration members and three (3) Faculty members appointed by the MFT shall immediately be convened by the Administration to oversee the local Union. The Union shall have 30 calendar days to review layoff process. b. If and comment upon when a tenured faculty member is threatened with layoff, such tenured faculty member, at the plan, during which time its representatives may meet with the discretion of ▇▇▇▇▇ at will be offered the option of performing work other than teaching where there is a mutually-agreed upon time and place. The vacancy or a proposed vacancy when ▇▇▇▇▇ may revise can determine said faculty member possesses qualifications for such work. The determination will not be subject to the plan after grievance procedure but will be solely at the period discretion of comment is the administration. c. Full-time tenured or term-contract faculty members for whom no classes are still available will have the right to take the class or classes of any other teacher(s) with less seniority provided that the Department Chair or Graduate Program Director and members of the discipline which offers the course approves of her/him teaching the course. Approval will be given on a course-by-course basis, provided that the following approvals are obtained: (1) approval of the Department Chair or Graduate Program Director; and (2) either (a) if there are at least three (3) full-time faculty members in the discipline, approval by a majority vote thereof or (b) otherwise, approval by a majority vote of the full-time faculty members of the relevant Department. Should the members of the discipline disapprove of a faculty member’s teaching a course, the Academic Vice President/▇▇▇▇(s) and a faculty representative appointed by the MFT shall come to an agreement approving or disapproving of her/him teaching the course. This agreement shall take precedence over the discipline’s decision. If the Academic Vice President/▇▇▇▇ and shall forward the plan first faculty representative are unable to reach an agreement the issue will be referred to the President or designee for a final and then to binding decision. If the Board of Regents faculty member is not approved the discipline and/or the Academic Vice President/▇▇▇▇(s) and the faculty representative must provide written reasons for adoption, amendment or rejectiondenying the faculty member the course. The decision members of a discipline in this instance are defined as those currently employed faculty members who at any time in the previous three (3) academic years have taught courses offered by that discipline in a non-layoff situation or were hired into the discipline. Discipline is defined to be a branch of knowledge within one of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order Departments of seniority, unless differences exist in relative level of job performancethe College. When an exception is necessary to assure a faculty member takes over a course in a different discipline through the qualifications procedure specified above, that the Department through its normal evaluation procedure may evaluate the course. If the faculty member has never taught the specific course before, such evaluation will be mandatory. If the evaluation warrants it, the members of the remaining faculty members meet discipline may reconsider the needs question of approval and may withhold approval for subsequent teaching of the continuing programscourse by that faculty member. In such a case, standards the procedure defined above will be developed by an agreement repeated. “Members of the college Union/Management committee containing discipline” will be defined as above, but will not include the process and measurements used to determine relative job performance. No tenured faculty member whose right to teach the course is under consideration. In the event that a full-time faculty member requires credits to fill out his or her schedule, he or she will be entitled to teach no more than two (2) credits of the SAGR600 and SAGR700 Independent Studio Art or Independent Thesis Studio course, so long as he or she is qualified to teach it. d. Faculty members for whom no classes are available shall be laid off if probationary in inverse order of seniority. In this instance, years previously lost toward seniority due to leave of absence or maternity leaves will be counted as years accrued. e. A faculty members are retained within the instructional area member who is threatened by layoff and is found qualified to teach courses the tenured faculty member is qualified and capable of teachingclass or classes taught by an administrator has the right to teach those classes to fill out her/his teaching load. The selection of one individual rather than another for layoff may be challenged under This provision does not apply to the grievance procedureContinuing Education Programs. XX.3. Each tenured A faculty member laid off shall be informed recalled in the reverse order of layoff to fill any vacancy which occurs or new position which is created according to the same procedure described in number two (2) above and provided further that rights of recall will only exist for two (2) years from the time of layoff. It is the obligation of the faculty member to inform the Academic Vice President/▇▇▇▇ of her/his current address. ▇▇▇▇▇ will be deemed to have fulfilled its obligation of recall if it informs the faculty member by Certified Mail, Return Receipt to the faculty member’s last known address of all course vacancies. When thus informed, the faculty member is obligated to, within five (5) days of receipt of the notice, present her/his application to teach a particular course(s) to the members of the discipline offering the course(s). The members of the discipline will within five (5) days convene and determine if they approve or disapprove of her/him teaching the course(s). Should the members of the discipline disapprove, the Academic Vice President/▇▇▇▇ and a faculty representative, appointed by the MFT, shall come to an agreement approving or disapproving of the faculty member teaching the course(s). This agreement shall take precedence over the discipline’s decision. If the Academic Vice President/▇▇▇▇ and the faculty representative are unable to reach an agreement the issue will be referred to the President for final and binding decision. a. The faculty member must inform the Academic Vice President/▇▇▇▇ in writing by November 1 email (or letter) sent with a receipt confirmation (or by certified mail) to the last known e-mail address (or postal address) of her/his acceptance of the final academic year course(s) within ten (10) days of employment. For two academic years from her/his receipt of the date of layoff, a tenured offer to teach the course(s) or the faculty member retains the following rights: a. The position of the laid-off faculty member shall not forfeits her/his right to be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniorityrecalled. The faculty member shall have 30 days in be permitted to fulfill her/his contractual or moral commitment to a position she/he may be holding before being required to report for service, provided that such period shall extend no longer than the end of the academic year during which the recall takes place. In addition, this does not relieve the faculty member of the requirement to accept or decline. If notify the Academic Vice President/▇▇▇▇ of the acceptance of the offer is declined, any further rights under this section are extinguishedwithin the period and in the manner specified above. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off XX.4. No faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question teach more than a full schedule while others are substantially equal or above those of other applicants. If hired pursuant to this subsectionlaid off, the previously laid-if such laid off faculty member shall not retain tenure except members are willing and found qualified by mutual agreement between the President or designee and Department to teach the faculty member, but shall retain previously-accumulated seniorityadditional courses. XX.5. Any salary shall be pro-rated for less than full-time employment. Once such an offer Upon the request of employment is made to a previously laid-off faculty member, and to the extent permissible under the appropriate program, ▇▇▇▇▇ shall continue all further rights under benefits at the expense of the faculty member during the period she/he is on the recall list. XX.6. Tenured faculty members whose normal teaching load is half-time or more shall receive a notice of partial or total layoff for the Fall semester before the close of the Spring semester or a notice of partial or total layoff for the Spring semester by the close of the Fall semester. In the event such notice is not given, the faculty member shall receive severance pay in the amount of twenty-five percent (25%) of her/his annual salary or twenty-five percent (25%) of her/his prorated share of her/his annual salary for the portion she/he was laid off in the case of partial layoff. a. In the case of partial layoff of a part-time tenured faculty member, who returns in the following semester with a greater than normal teaching load, the severance pay will be considered a prepayment for the additional hours. XX.7. ▇▇▇▇▇ agrees that in utilizing the layoff provision of the Article it will also attempt to effect economies to the extent practicable in every other component of the College. Specific data as to the economies which have been effected will be shared with the faculty. XX.8. Differences arising between the parties from the implementation of subsections 1 through 6 of this Article, with the exception of sections 2.c. and 3.a. (which differences are not subject to arbitration), may be processed through the grievance procedure of the Collective Bargaining Agreement. However, if a dispute concerning subsections 1 through 6, with the exception of sections 2.c and 3.a., is taken to arbitration, the arbitrator shall only determine if these subsections have been violated in an arbitrary and capricious manner. Differences between the parties arising from the implementation of subsection are extinguished7 above shall be resolved in the following manner: The Board will exercise its ultimate authority and responsibility as set forth in the Management’s Rights Clause, Article XVI, only after hearing the Faculty position on the matter and the reasons therefore. Such presentation of positions shall be made only to the appropriate Committee of the Board and/or the Board of Managers at the next meeting of the Committee or within thirty-one (31) days after the difference arises, whichever comes first. Notice of intent to request a hearing before the Committee of the Board shall be made to the President who shall schedule the presentation at the next appropriate meeting. The appropriate Committee shall hear the presentation of the Faculty and the Administration and shall render a final binding decision thereon within thirty (30) days.

Layoff. ‌ ▇▇▇▇▇▇ Prior to formal consideration of reduction in force by the Board, EEA will be given written notification of reasons RIF is necessary and programs being considered for impact. EEA shall be given reasonable opportunity to give written input to the superintendent or designated representative on these recommendations. The reasons for RIF shall not be grievable. When the Board has formally considered a reduction in force, it will immediately notify the Association. Such notice will be in writing and will indicate the programs that may be affected. Employees within the affected program(s) shall be considered for retention or recall on the basis of seniority and cultural or linguistic expertise, as currently set forth in ORS 342.934, within areas of TSPC or non-TSPC certification. Bargaining Unit Members shall not have a contractual right to “bump” or to be recalled into positions requiring certification in areas in which the bargaining unit member has not taught in the District within the previous five (5) years, or educational attainments or both, but not based solely on licensure. The District may, at its discretion, consider a bargaining unit member’s willingness to undergo additional training or pursue additional education in deciding upon questions of competence. Employees to be laid off and the Association shall be provided notice at least sixty (60) days in advance, except when the layoff is a result of loss of or failure to obtain financial resources. Before making any layoff decision related to bargaining unit member staff, the District shall make every reasonable effort to: 1. Transfer bargaining unit members of eliminated or adjusted classes to other bargaining unit positions for which the bargaining unit members are licensed and qualified. 2. Combine bargaining unit member positions in a manner that allows bargaining unit members to remain qualified so long as the combined positions meet the curriculum needs of the District. 3. Maintain the proportion of bargaining unit members with cultural or linguistic expertise compared to bargaining unit members without cultural or linguistic expertise. Seniority shall be defined as the termination employee’s total length of tenured faculty service since the last date of hire. Any bargaining unit member who is to be laid off will be so notified in writing as soon as practically possible. Such notice will include the proposed time schedule and the reasons for the proposed action. When two or more bargaining unit members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffhave equal seniority within a certification area, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order determined by date of seniorityhire. Date of hire means the first day of actual service as bargaining unit members with the school District. In the event of ties, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member layoffs shall be laid off if probationary faculty determined by lot. The District may require bargaining unit members who are retained within hold proper licenses or other credentialing at the instructional area time of layoff to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedfill remaining positions. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary ifprobationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the Ifthe laid-off faculty member applies for an open position within the bargaining unit at any College of Technology covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is 11.1 When it becomes necessary to reduce the number of employees in a job classification due to abolishment of a position, lack of funds, or lack of work, the layoff will be made under the procedure of this Article. 11.2 The number of people affected by a layoff will be kept to a minimum by not employing replacements insofar as practical if employees resign, retire, or otherwise vacate a position. The employment of replacements for some positions may be necessary, however, in the event that employees in the system do not possess the necessary licenses or qualifications for a position that needs to be filled. 11.3 For purposes of this article, all bargaining union members shall be placed in one of the following classifications based on their current assignment at the start of each school year: 11.4 Seniority shall be defined as the termination length of tenured faculty members service with the Board of Education in a particular job classification computed from the latest date of appointment to their present classification. Employees serving with “tenure” will be placed at the top of the list in descending order of seniority. Employees serving their probationary period will be placed on the list by seniority under the employees with “tenure.” Whenever it becomes necessary to lay-off employees in a classification by reason as stated in 11.1, the least senior employee in the classification shall be laid off first. A. Board-approved leaves of absence will not interrupt seniority, but time spent on such leave shall not count towards seniority. B. If two (2) or more employees have same length of continuous service, seniority will be determined by: (i) The date of the Board meeting at which time the employee was hired; or (ii) If the employees were hired on the same date, then the employee first listed on the order of hire, as reflected in the Board minutes shall have more seniority than the employee next listed and so on. 11.5 Prior to any anticipated layoff, the superintendent shall advise the Union president as to why the layoff is deemed necessary and discuss the impact of contemplated layoff, what classifications are to be included, the extent of the anticipated layoff, and will provide the Union at the time with a list of the employees in the classification and the seniority of each employee so listed. 11.6 An employee affected by a layoff will be notified no less than thirty (30) days before the effective date of layoff. 11.7 Any employee affected by such reduction may displace a less senior employee within the same classification or a less senior employee within a previously held classification, as long as the employee meets the District’s mandate job qualifications. If an employee bumps into a previously-held classification, the employee shall be placed on the step that equals the total number of years of service. 11.8 Employees who are laid off shall be placed on a restoration list and shall have the right of restoration in the order of seniority of service in the District, if and when, positions become vacant or are created for programmatic or financial reasonswhich any of such employees are qualified. Within 30 Probationary employees laid off during the term of their probationary period shall be required, upon restoration, to complete the remaining time of their probationary period. 11.9 Restoration rights for employees laid off shall commence upon the effective date of the layoff and shall continue through the next twenty-four (24) months. 11.10 Employees on the restoration list shall have the obligation to notify the superintendent/ designee of their current mailing address. Notice of restoration shall be sent to the employee’s last known address regular mail with a certificate of mailing. Notice is complete upon proof of mailing. The employee shall notify the superintendent/designee within twenty-one (21) calendar days from the faculty member's written notice date of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision mailing of the Employer availability for such position. Failure of such notice by the employee within this time period is deemed to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order a waiver of seniority, unless differences exist in relative level such employee’s rights of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights restoration under this section are extinguishedpolicy. b. If 11.11 Should the laid2003-off faculty member applies for an open position within 04 transportation supervisor return to the bargaining unit at any College covered by this agreementas a bus driver, she shall return to the bargaining unit with 11 years seniority and be afforded the position same rights all bus drivers have as per the contract. However, it is subsequently filled by clearly understood that a transportation supervisor, in the Employer, case of an emergency or the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant inability to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to find a previously laid-off faculty member, all further rights under this subsection are extinguishedsubstitute can drive a bus.

Layoff. ‌ ▇▇▇▇▇▇ is defined as In the termination event of tenured faculty members for programmatic necessary layoff due to a decreased student enrollment or financial reasons. Within 30 calendar days from shortage of revenue, changes, revisions, or elimination in programs the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performancereduction shall be 1. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member Probationary teachers shall be laid off if first, according to seniority. A probationary faculty members teacher shall not be laid off unless there is a more senior probationary teacher who is certified and qualified to perform the duties of the remaining positions. 2. If further reduction of teaching personnel is necessary, tenure teachers shall be laid off on the basis of least senior tenure teacher(s) first, provided there are retained within remaining teachers certified and qualified to fill the instructional area vacancy thus created. 3. Tenure teachers shall be laid off only after all probationary teachers have been laid off who are certified and qualified to teach courses in that area. 4. In the tenured faculty member event it becomes necessary to reduce the number of teachers through layoff of employment, or to reduce the number of teachers in a given subject area, field, or program, or eliminate or consolidate position(s), the Board shall determine the order of layoff provided, however, such action shall not be contrary to Section A. The Board shall endeavor to give forty-five (45) calendar days' notice of layoff to the individual involved, and in any event, thirty (30) calendar days' notice shall be given in all cases. 5. It is further agreed that any layoff pursuant to this Article shall automatically terminate the individual employment contract of all laid off teachers and shall suspend for the duration of the layoff, the Board's obligation to pay salary or fringe benefits and any laid off teacher's individual or supplemental employment contract as well as all benefits under this collective bargaining agreement, except that any teacher on layoff pursuant to this Article shall have their hospital and dental insurance extended for three (3) months. 6. Any teacher on layoff shall be recalled in inverse order of layoff provided he/she is certified and highly qualified for the vacancy. No new teacher shall be employed by the Board while there are teachers of the district who are laid off unless there are no laid off teachers with proper certification and capable of teachingqualifications to fill any vacancy which may arise. 7. The selection Board shall give written notice of one individual rather than another for recall from layoff may be challenged under the grievance procedureby sending a certified letter to said teacher at his/her last known address. Each tenured faculty member laid off It shall be informed the responsibility of each teacher to notify the Board of any change in address. The teacher's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, recall, or other notice to the teacher. If a teacher fails to report as being available to work ten (10) calendar days from date of sending of the recall, unless an extension is granted in writing by November 1 of the final academic year of employment. For two academic years from Board, said teacher shall be considered as a voluntary quit and shall thereby terminate his/her individual employment contract and any other employment relationship with the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedBoard. b. If 8. A laid off teacher shall, upon application, be granted priority status on the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementdistrict substitute teaching list, and the position is subsequently filled by the Employer, the laid-off faculty member shall such priority to be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant determined according to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as (a) Prior to layoffs occurring, the termination Parties will meet and discuss the appropriate application of tenured faculty members for programmatic 30.02 to the circumstances, including but not limited to: (i) the timing and specific process to be followed; and (ii) current seniority. (b) In case it becomes necessary to reduce the work force by: (i) reduction in the number of Employees; or (ii) reduction in the number of regularly scheduled hours available to one (1) or financial reasons. Within 30 more Employees; the Employer will notify the Union and all Employees who are to be laid off at least twenty-eight (28) calendar days prior to layoff, except that the twenty-eight (28) calendar days notice shall not apply where the layoff results from an Act of God, fire, or flood. If the faculty member's written Employee laid off has not been provided with an opportunity to work their regularly scheduled hours during twenty-eight (28) calendar days after notice of layoff, the ▇▇▇▇ Employee shall submit be paid in lieu of such work for that portion of the twenty-eight (28) calendar days during which work was not made available. Where the layoff results from an Act of God, fire or flood the affected Employee shall receive pay for the days when work was not available up to a maximum of two (2) weeks pay in lieu of notice. (c) If the Employer proposes to lay off an Employee, while they are on leave of absence, Workers’ Compensation or absent due to illness or injury, the Union and the Employer shall meet to discuss the process to be followed with respect to Employees on leaves of absence. (d) When notice of layoff plan is delivered to an Employee in person, the local Employee may choose to be accompanied by a representative of the Union. The Union availability of such representation shall not impede the notice period as identified in 30.01(b). (e) Subject to operational requirements, Full-Time Employees who have 30 calendar days to review and comment upon received layoff notice shall be allowed time off for the plan, purpose of attending job interviews during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and placelayoff notice period. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first Employer will work with Part-Time Employees who have received layoff notice to the President or designee and then make reasonable effort to the Board of Regents for adoption, amendment or rejection. The decision of the Employer allow working hours to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary change to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedaccommodate interviews. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's written notice of layoff, layoff the ▇▇▇▇ shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-mutually agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementof Technology, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ Section 26.01 Unless otherwise qualified by this agreement members are subject USNH policies relative to layoff. The parties further acknowledge that under Article 31, Management Rights and Article 29, Effect of Section 26.02 Layoff is defined as the termination involuntary separation of tenured faculty members for programmatic or financial reasons. Within 30 calendar days a staff member from the faculty job, without pay, due to circumstances such as lack of work, seasonal conditions, technological or programmatic change and/or short-term financial difficulty. Layoff is used only when there is reasonable expectation of recall. It is inappropriate to use layoff to address performance problems, or to discipline a member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of not exceed one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff. Affected members shall be entitled to recall during the period of layoff. If not recalled during the period of layoff, a tenured faculty member retains members will be terminated. Section 26.03 In cases where it is known by the following rights: a. The position Department that the layoff will be permanent, then the Chief will meet with the bargaining unit to discuss the planned layoff and the effects of the laid-decision. Section 26.04 Members shall be selected for layoff on the basis of increasing seniority. Section 26.05 Members who are laid off faculty shall receive at least ninety (90) days’ notice of any layoff. Section 26.06 Members who are laid off shall maintain their positions on the unit seniority roster during the recall period and shall accrue additional unit seniority during that time. If recalled to work within the recall period, the member shall not be filled unless return with the laid-off faculty member has been offered reinstatement same unit seniority he or she had accrued at his previous tenure and seniority. The faculty the time of the recall. Section 26.07 If hired into any other classification, the member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedreturn as a new employee and be rehired with a new seniority date. b. Section 26.08 If an opening develops in the laid-off faculty member applies for an open member’s original classification after he or she had taken another position within the bargaining unit at Department, he or she may return to the original classification with no loss of seniority. Section 26.09 The University shall recognize the member’s total length of service as outlined in USNH/UNH policy for fringe benefit purposes if the member is rehired into another classification within the recall period. Section 26.10 Members who are laid off shall notify the Department of any College covered by this agreement, and changes in address or phone numbers in order to provide a contact point for recall or notification of vacancies which may arise with the position is subsequently filled by Department during the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those term of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedtheir layoff.

Layoff. ‌ If and when a reduction or reorganization in the workforce is necessary, following at least thirty (30) calendar days’ notice, for fiscal necessity based layoffs inclusive of opportunity for the Group Review Committee to respond and sixty (60) calendar days’ notice for reorganization based layoffs, layoff shall occur through deletion of Professional Staff position(s) as determined by the Employer. Within seven (7) calendar days of the receipt of official written notice of layoff due to a reduction or reorganization in the workforce, a university funded employee shall be specifically permitted to submit, in writing, application for and then receive good faith review of up to five (5) continuing positions whose incumbents are university funded and hold the least seniority in the same generic position classification from which the laid off employee holds greater seniority. Employees who have completed three full years of service in (a) the same grant-funded position; or (b) different associated-represented positions under the same grant funding source, are eligible to participate in the bumping process outlined herein. Employees who have not completed three full years of service as outlined above do not have bumping rights, regardless of the length of other university funded employment. The Employer shall consider all requests to bump in order of seniority service of the applicant. The Employer shall determine whether the applicant is qualified to bump the least senior employee in the positions applied for. If the Employer determines that the applicant is not qualified to bump in that position, the Employer shall determine whether the applicant is qualified to bump the next least senior employee in the positions applied for. This process shall continue until the applicant is deemed qualified for a bump or all five (5) positions have been considered. If the displaced employee is determined to hold the qualifications for the position reviewed, the employee shall be permitted to exercise his/her seniority rights to displace an employee with less seniority in the generic job classification for which the employee currently holds seniority or for which the employee holds seniority service credit accumulation, in the job classification from which a position was held immediately prior to the current job classification from which the employee is being laid off. Displacement is potentially available only for and within the following two (2) groupings: a. Assistant Director, Administrative Assistant I, Assistant to ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic , Assistant to Director, Assistant to Chair, Assistant to Sponsored Chair, Program or financial reasons. Within 30 calendar days from the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local Union. The Union shall have 30 calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President Function Coordinator or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedManager. b. If the laid-off faculty member applies for an open position Professional Service Librarian (excluding Head Librarian) professional specialists within the bargaining unit at any College covered specific specialty area. The Employer retains its right to determine whether an employee possesses the qualifications to fill the position into which he/she seeks to bump. Qualification determination shall be based upon the qualifications set out by this agreementthe position description, as may be amended from time to time, as matched with the bumping applicant's qualifications and performance record. Consideration of performance as negatively affecting qualifications herein, shall be restricted to a formal performance record that is officially, and the position is subsequently filled by the Employerin writing, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employmentsatisfactory overall or a performance record evidencing active disciplinary status. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.Within seven

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written The District will adhere to Education Code requirements relating to lay-off and will give notice of layoff, the ▇▇▇▇ shall submit a layoff plan to the local UnionAssociation when it intends to implement Article 19. The Union parties to this agreement shall have 30 calendar days meet to review confer, mediate, and comment upon negotiate the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutuallyeffects of any lay-agreed upon time off or reduction. Layoff procedures and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff reemployment rights shall be in reverse order accordance with applicable law as set forth in Ed Code 45117. No later than March 15, the district will provide written notice to the employee stating that it has been recommended that the notice be given to the employee that the employee’s services will not be required for the ensuing year. The notice shall also state the reasons as lack of senioritywork and/or lack of funds that the employee’s services will not be required for the ensuing year, unless differences exist and inform the employee of the employee’s displacement rights if any, and reemployment rights. Procedures for layoff notice and right to hearing as set forth in relative level of job performanceEd Code section 45117. When an exception is necessary to assure the qualifications classified positions must be eliminated as a result of the remaining faculty members meet expiration of a specially funded program, the needs of the continuing programs, standards will employees to be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed given written notice not less than sixty (60) days prior to the effective date of their layoff informing them of their layoff date and their displacement rights, if any, and reemployment rights. Layoffs may also be commenced in writing accordance with Education Code section 45117(d). Classified employees shall be subject to layoff for lack of work or lack of funds, as determined by November 1 the Board of Trustees. CSEA retains the right to negotiate the effects of layoff and the decision and effects of any proposed reductions in work hours/assignments on unit members. In the event of a layoff, the order of layoff within the class shall be determined by length of service. Employees may exercise bumping rights as specified in this article. Employees who have been laid off are eligible for a period of thirty-nine (39) months and shall be reemployed in preference to new applicants. (Education Code Section 45298). 1. Should the District plan to eliminate a position or reduce an employee’s hours, the District shall give the CSEA Chapter #108 President and the designated CSEA Labor Relations Representative written notice and an opportunity to negotiate the proposed changes. 2. Upon receipt of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the EmployerDistrict’s written notice, the laid-off faculty member Association shall be hired into provide the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those District’s Assistant Superintendent of other applicants. If hired pursuant Human Resources with a “Demand to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employmentBargain” letter. Once such an offer of employment the demand letter is made received, both parties shall make themselves available to a previously laid-off faculty member, all further rights under this subsection are extinguishedmeet and negotiate in good faith. Neither party shall impede the process by unreasonably delaying negotiations.

Layoff. ‌ ▇▇▇▇▇▇ It is defined understood that a Journeyman -Tool Die Maker is qualified as a Journeyman Die Repair. In the termination event of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoff, the ▇▇▇▇ shall submit a layoff plan the Tool Die Maker must have more seniority to displace an employee in the local UnionDie Repair classification. The Should a skilled trades employee become permanently medically unfit and unable to follow his skilled trade both the Company and the Union will co-operate in endeavouring to place such an employee on a job he is capable of performing taking his total seniority with him. However, if placed in a non- skilled classification he shall have 30 calendar days to review and comment upon then forfeit a rights within the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and placeskilled trades. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff Recalls shall be made in reverse order f layoffs. A lead hand of seniorityskilled tradesemployees shall be defined as one who is a skilled tradesemployee, unless differences exist who while engaged in relative level his regular skilled trades occupation leads or processes the work of two or more employees. Only a Journeyman shall be considered as a lead hand in his respective trade, on the understanding that this does not prohibit such lead hand from leading other skilled trades groups. A lead hand shall be considered as a leader of a group where supervisory duties are not full time. A lead hand will be expected to perform regular work in the department. The rates for lead hands are detailed in the schedule wages attached to this agreement. Apprentices will be selected by the job performanceposting procedure (Article IX Job Postings, Labour Grade Apprentices selected from the production department will continue to accumulate seniority in the production department. When However, upon completion of apprenticeship the apprentice will be credited with the time accumulated in the skilled trades classification to a maximum of four years (Electrician 5 years). Journeymen, who by means of their total Company service, are successful under the job posting procedure, for an exception apprenticeship, shall forfeit theirskilled the time of entry into the apprenticeship. In the event the employee is necessary removed from the apprenticeship for any reason, he shall return to assure the qualifications skilled trades group as a new hire, providing there is a vacancy in the trade for which he is qualified. The Company will schedule the required school room instruction of apprentices. An apprentice who fails the school room instruction shall return to available work in the Company. Upon completion of the remaining faculty members meet apprenticeship programme, the needs employee will exercise his skilled trades seniority to fill any vacancy in his trade. In the event that two or more employees have completed their apprenticeship, the first graduate will be assigned to his trade before the other(s) will be transferred out of the continuing programsproduction department. Should a vacancy not exist at the time of his attainment of Journeyman status, standards the employee will be developed by an agreement of return to a production department with full Company seniority until a vacancy occurs within his trade. Until such time that a vacancy becomes available, the college Union/Management committee containing employee may perform work as a supplemental employee, however, he shall not accumulate seniority within his trade. All work performed in the process and measurements used to determine relative job performance. No tenured faculty member skilled trades shall be laid off if probationary faculty members done by employees who are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by classification and rate as outlined in this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and Union. Company will extend advanced training to the faculty member, but shall retain previously-accumulated seniorityextent required to cover technological advances that have taken place within the skilled trades. Any salary Nothing in this agreement shall be pro-rated for less than full-time employmentconstrued so as to deprive any employee of skilled trades of any rights, privileges -such as insurance, pensions, SUB, pay, etc., that are covered in the body of the general agreement. Once such an offer of employment is made There shall be no numerical or alphabetical classifications within the skilled trades and all employees within a given classification or trade shall be paid the same rate. The Company agrees to deduct dues in the amount as approved by the National Skilled Trades Council from employees hired, reinstated or transferred to a previously laid-off faculty member, all further rights under this subsection are extinguished.skilled trades classification or trade as listed upon receipt of individual cards signed by such employee. Such deductions shall be made at the same time as regular union dues and thereafter on an annual basis in the month of

Layoff. ‌ ▇▇▇▇▇▇ Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ ▇/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ ▇/CEO at a mutually-mutually agreed upon time and place. The ▇▇▇▇ ▇/CEO may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any the College covered by this agreementof Technology, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ ▇▇▇▇▇▇ is defined as In the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from event the faculty member's Employer desires to lay off an Employee, such lay off shall be with one (1) week prior written notice of layoffto the Employee, with a copy to the Union. If such notice is not given, the ▇▇▇▇ shall submit a layoff plan to the local UnionEmployee will be paid for time lost. The Union shall have 30 calendar days to review Layoffs and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff rehiring shall be in reverse accordance with seniority in job classifications. (a) Employees so laid off shall be rehired as the need arises according to their classification seniority. (b) Classification seniority rights in the filing of vacancies shall prevail, including part-time Employees. In the event a full-time job becomes available such vacancy shall be filled by a part-time Employee in the establishment in order of seniority, unless differences exist provided such Employee is deemed qualified to do work. (c) Any Employee permanently laid off from his/her employment shall be entitled to one (1) week’s severance pay for each year worked up to a maximum of fifteen (15) weeks pay in relative level of job performance. addition to other monies due. (d) When an exception employee is necessary temporarily laid off, is given a definite date of return to assure the qualifications work and is denied Unemployment Compensation Benefits solely because of the remaining faculty members meet the needs Amendment effective July 20, 1983 to Section 590.11 of the continuing programsLabor Law, standards the University will pay such employee the sum of $220 per week beginning with the second week of employment, and during such period of temporary unemployment, said sum to be developed reduced by an agreement of amount earned as a result at the college Union/Management committee containing University during the process and measurements used layoff period. Under no circumstances will the above payment be made after the return date given to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within employee at the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date time of layoff, or during a tenured faculty member retains period for which Unemployment Compensation Benefits are paid. (1) The layoff allowance rate for part-time Employees is prorated, based on the following rights: a. part-time employee’s average number of hours worked over the preceding academic year, divided by full-time scheduled hours. The position part-time rate shall not exceed that of the laidfull-off faculty member shall not time rate. Applicable allotments will be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedcredited by September 1. b. If (2) In the laid-off faculty member applies event that the layoff allowance for an open position within Employees in Dining Services is increased during the bargaining unit at any College covered by term of this agreement, and employees represented by Local 100 will receive the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedsame increase.

Layoff. ‌ ▇▇▇▇▇▇ is defined as In the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from event the faculty member's Employer desires to lay off an Employee, such lay off shall be with one (1) week prior written notice of layoffto the Employee, with a copy to the Union. If such notice is not given, the ▇▇▇▇ shall submit a layoff plan to the local UnionEmployee will be paid for time lost. The Union shall have 30 calendar days to review Layoffs and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ at a mutually-agreed upon time and place. The ▇▇▇▇ may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer to implement layoff is not grievable. Within an instructional area layoff rehiring shall be in reverse accordance with seniority in job classifications. (a) Employees so laid off shall be rehired as the need arises according to their classification seniority. (b) Classification seniority rights in the filing of vacancies shall prevail, including part-time Employees. In the event a full-time job becomes available such vacancy shall be filled by a part-time Employee in the establishment in order of seniority, unless differences exist provided such Employee is deemed qualified to do work. (c) Any Employee permanently laid off from his/her employment shall be entitled to one (1) week’s severance pay for each year worked up to a maximum of fifteen (15) weeks pay in relative level of job performance. addition to other monies due. (d) When an exception employee is necessary temporarily laid off, is given a definite date of return to assure the qualifications work and is denied Unemployment Compensation Benefits solely because of the remaining faculty members meet the needs Amendment effective July 20, 1983 to Section 590.11 of the continuing programsLabor Law, standards the University will pay such employee the sum of $280 per week beginning with the second week of employment, and during such period of temporary unemployment, said sum to be developed reduced by an agreement of amount earned as a result at the college Union/Management committee containing University during the process and measurements used layoff period. Under no circumstances will the above payment be made after the return date given to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within employee at the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date time of layoff, or during a tenured faculty member retains period for which Unemployment Compensation Benefits are paid. (1) The layoff allowance rate for part-time Employees is prorated, based on the following rights: a. part-time employee’s average number of hours worked over the preceding academic year, divided by full-time scheduled hours. The position part-time rate shall not exceed that of the laidfull-off faculty member shall not time rate. Applicable allotments will be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedcredited by September 1. b. If (2) In the laid-off faculty member applies event that the layoff allowance for an open position within Employees in Dining Services is increased during the bargaining unit at any College covered by term of this agreement, and employees represented by Local 100 will receive the position is subsequently filled by the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but shall retain previously-accumulated seniority. Any salary shall be pro-rated for less than full-time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedsame increase.

Layoff. ‌ ▇▇▇▇▇▇ is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the ▇▇▇▇ ▇/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the ▇▇▇▇ ▇/CEO at a mutually-mutually agreed upon time and place. The ▇▇▇▇ ▇/CEO may revise the plan after the period of comment is over and shall forward the plan first to the President or designee and then to the Board of Regents for adoption, amendment or rejection. The decision of the Employer employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniority, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.. SEE ADDENDUM A:‌