Article 14 – Layoff and Recall

14.1 Layoff Policy.

(a) Notification. When a layoff is to occur as a result of adverse financial circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; or curtailment or abolition of one or more programs or functions, the University will notify the local UFF Chapter and the UFF state office no less than thirty (30) days prior to taking such action.

(b) Layoff unit. The layoff unit may be at any organizational level of the University, such as a campus, division, college/unit, school, department/unit, area, program, or other level of organization as the Board or the University deems appropriate.

(c) The basis for layoff is not grievable, however layoff procedure is grievable. For the purposes of grieving procedural violations of this Article, faculty will be permitted to file grievances subject to the conditions of Article 22 (Grievance Procedure and Arbitration).

14.2 Layoff Considerations. The selection of faculty in the layoff unit to be laid off will be determined as follows:

(a) No tenured faculty will be laid off if there are non-tenured faculty in the layoff unit.

(b) No non-tenured faculty in the layoff unit with more than five (5) years of continuous University service will be laid off if there are any such faculty members with five (5) years or less service.

(c) The sole instance in which only one (1) faculty member will constitute a layoff unit is when the functions that the faculty member performs constitute an area, program, or other level of organization at the University.

(d) The provisions of section 14.2(a) and (b) will apply unless the University determines that an Affirmative Action employment program will be adversely affected. When an Affirmative Action program has been so affected the University will notify the UFF in writing.

(e) Where faculty are equally qualified under (a) or (b), above, those faculty will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the University. In making such judgment, the University will carefully consider each faculty member’s length of continuous University service and will take into account other appropriate factors, including but not limited to

(1) performance evaluation by students, peers, and supervisors;

(2) the faculty member’s academic training, professional reputation, teaching effectiveness, research record or quality of creative activity in which the faculty member is engaged; and

(3) service to the profession, community, and public.

(f) No tenured/fixed multi-year status faculty member will be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

(g) Layoff will not be used in lieu of termination procedures in Article 17 (Disciplinary Action).

(h) The University will notify the local UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those department/units where faculty have been laid off. The use of adjunct and other non-unit faculty in departments/units where faculty have been laid off may be the subject of consultation meetings pursuant to Article 2 (Consultation).

14.3 Alternative/Equivalent Employment. Upon request of the faculty member, the University will make a reasonable effort to locate appropriate alternate or equivalent employment for the laid-off faculty member within the University, where practicable, and to make known the results of the efforts to the person affected.

14.4 Notice.

(a) Faculty should be informed of layoff as soon as practicable. When circumstances permit, faculty with three (3) or more years of continuous University service should be provided at least one (1) year’s notice; those with less service with at least six (6) months notice.

(b) Formal written notice of layoff is to be sent by certified mail, return receipt requested, or delivered in person to the faculty member with written documentation of receipt obtained.

(c) The notice will include the following:

(1) effective date of layoff;

(2) reason for layoff;

(3) reason for shortened period of notification, if applicable;

(4) a statement of recall rights;

(5) a statement of appeal/grievance rights and applicable deadlines for filing; and

(6) a statement that the faculty member is eligible for consideration for retraining under the provision of section 24.4 (Retraining), for a period of two (2) years following the layoff.

14.5 Re-employment/Recall.

(a) For a period of two (2) years following the layoff of a tenured faculty member who is not otherwise employed in an equivalent full-time position, such faculty member will be offered re-employment in the same or similar position at the University should an opportunity for such re-employment arise, if the faculty member’s performance evaluations are satisfactory for two (2) of the three (3) years prior to layoff.

(1) “Satisfactory” with respect to an annual evaluation is when a majority of the faculty member’s assigned duties are evaluated as at least “satisfactory” or “average.”

(2) Any offer of re-employment pursuant to this section must be accepted within fifteen (15) days after the date of the offer or at least seven (7) days before the beginning of classes, whichever is sooner, such acceptance to take effect not later than the beginning of the semester immediately following the date the offer was made.

(3) In the event an offer of re-employment is not accepted, the faculty member will receive no further consideration pursuant to this Article.

(4) The University will notify the local UFF Chapter when an offer of reemployment is issued.

(b) A faculty member who held a tenured appointment on the date of termination by reason of layoff will resume the tenured appointment upon recall.

(c) Upon re-employment/recall, the faculty member will receive the same credit for years of service for purposes of layoff as held on the date of layoff.

(d) Upon re-employment/recall, the faculty member will receive salary at the prevailing wage rate for the position offered and accepted.

(e) Employee Assistance Programs. Consistent with the University’s Employee Assistance Program, faculty participating in an Employee Assistance Program who receive a notice of layoff may continue to participate in that program for a period of ninety (90) days following the layoff.

14.6 Limitations. The provisions of sections 14.2 through 14.5 of this Agreement will not apply to those faculty described in sections 13.2(b) and (c), and 9.4(f).