Common use of Non-Reappointment Clause in Contracts

Non-Reappointment. ‌ A probationary appointee has no right to reappointment, and a probationary appointment shall automatically expire at the end of the specified term in the absence of a written reappointment signed by the President. The President may request and review, but shall not be obligated to adhere to, recommendations from the unit, ▇▇▇▇, and the ▇▇▇▇▇▇▇ regarding questions of renewal of probationary appointments. In cases of non-reappointment for financial or programmatic considerations the probationary appointee will be so notified in writing. Written notice of non- renewal of a probationary appointment shall be mailed or given by the President or his/her designee at least four (4) months prior to the expiration of the first appointment, seven (7) months prior to the expiration of the second appointment, and twelve (12) months prior to the expiration of the third or later appointment. The employer shall make a good faith effort to provide a probationary appointee with the notice period required by this agreement, but failure to do so shall not result in automatic reappointment. The employer shall have the options of (1) providing additional employment of one semester for first-year appointees, two semesters for second-year appointees, and two semesters for appointees of three years or more, or (2) providing severance pay in lieu of any portion of the notice to which the employee is entitled. Severance pay shall be paid at twice the individual's monthly rate, or portion thereof, for the period by which the notice is deficient. The notice provisions of this section shall not be applicable to non-tenurable unit employees paid from grants, contracts, or other sponsors or outside funding sources. The employer will honor the term of such an employee's individual contract for its complete term. However, when funding for such an employee is eliminated or reduced, the employer may reassign the employee appropriate to the employee's professional qualifications as the Administration sees fit for the remainder of the employee's contract term. Notwithstanding the foregoing, summer employees paid from grants, contracts, or other sponsors or outside funding sources are hired subject to the continued availability of funds, and in the event of reduction or elimination of such funds, the employer may terminate such employees prior to the designated terminal date of the individual's summer contract.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Non-Reappointment. ‌ A probationary appointee has no right to reappointment, and a probationary appointment shall automatically expire at the end a. Appointments of the specified term in the absence of a written reappointment signed by the President. Less Than 50 Percent Time: The President may request and review, but shall University is not be obligated to adhere to, recommendations from the unit, ▇▇▇▇, and the ▇▇▇▇▇▇▇ regarding questions of renewal of probationary appointments. In cases give written notice of non-reappointment for financial to Professional Researchers who hold appointments at less than 50 percent time or programmatic considerations short-term appointments of less than a year. b. Appointments of More Than 50 Percent Time With Fewer Than Eight Consecutive Years of Service: For Professional Researchers who have served fewer than eight consecutive years in the probationary appointee will be so notified in writing. Written Professional Research series on a campus, the appointment terminates automatically on its specified ending date unless notice of non- reappointment is given. It is within the University’s sole discretion not to reappoint a Professional Researcher under this section, so long as the reasons for non-reappointment are not unlawful or in violation of this Agreement. c. Appointments of More Than 50 Percent With Eight or More Consecutive Years of Service: The University may decide not to renew a Professional Researcher who has served at least 50 percent time for eight or more consecutive years in the Professional Researcher series on the same campus when the programmatic needs of the lab/hiring unit, lack of work, the availability of appropriate funding for the position, or the Professional Researcher’s conduct or performance do not justify renewal of the appointment. 1) In the case of non-reappointment, the University shall provide a probationary written Notice of Intent not to reappoint an Academic Researcher at least sixty (60) days prior to the appointment’s specified ending date. Either the appointment shall be mailed or given by the President or his/her designee at least four (4) months prior to the expiration of the first appointment, seven (7) months prior to the expiration of the second appointment, and twelve (12) months prior to the expiration of the third or later appointment. The employer shall make a good faith effort extended to provide a probationary appointee with the notice period required by this agreement, but failure to do so shall not result in automatic reappointment. The employer shall have the options of (1) providing additional employment of one semester for first-year appointees, two semesters for second-year appointees, and two semesters for appointees of three years or morenotice, or (2) providing severance appropriate pay in lieu of notice shall be given. The University shall provide a simultaneous copy to the Union. The Notice shall state: a) the intended action is not to reappoint the appointee and the proposed effective date; b) the basis for non-reappointment, including a copy of any portion materials supporting the decision not to reappoint; c) the appointee’s right to respond either orally or in writing within fourteen (14) calendar days of the notice date of issuance of the written Notice of Intent; and d) the name of the person to which whom the employee is entitled. Severance pay appointee should respond. 2) The Professional Researcher who receives a written Notice of Intent shall be paid at twice entitled to respond, either orally or in writing, within fourteen (14) calendar days of the individual's monthly rate, or portion thereof, for date of issuance of the period by which the notice is deficientwritten Notice of Intent. The notice provisions response, if any, shall be reviewed by the administration. 3) If the University decides not to reappoint a Professional Researcher who holds a term appointment, following the review of this section a timely response, if any, from the Professional Researcher, and within thirty (30) calendar days of the date of issuance of the written Notice of Intent, the University shall not be applicable issue a written Notice of Action to the Professional Researcher and the Union of the non-tenurable unit employees paid from grants, contracts, or other sponsors or outside funding sources. The employer will honor the term of such an employee's individual contract for reappointment and its complete term. However, when funding for such an employee is eliminated or reduced, the employer may reassign the employee appropriate to the employee's professional qualifications as the Administration sees fit for the remainder of the employee's contract term. Notwithstanding the foregoing, summer employees paid from grants, contracts, or other sponsors or outside funding sources are hired subject to the continued availability of funds, and in the event of reduction or elimination of such funds, the employer may terminate such employees prior to the designated terminal date of the individual's summer contracteffective date.

Appears in 1 contract

Sources: Memorandum of Understanding