Common use of Claiming Clause in Contracts

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified). Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-position- qualified). Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified)request. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her their original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her their original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An If the options in Section 3(A)(4)(a) are not available, an employee may request to transfer or demote to a non-temporary classified vacancy in within another seniority unit in the same, transferable, transferable or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the . The receiving Appointing Authority shall determine if the employee is qualified for the position and, if so, shall not unreasonably deny the request request. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (for Unit 645) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation shall be paid to the employee until the end of the claiming period. In addition, the employee's name shall not be placed on any layoff lists until the end of the claiming period. If the claiming period extends beyond the layoff date, the employee must may waive their post- layoff claiming rights and the Appointing Authority shall authorize payment of any severance or vacation liquidation and the employee will be position-qualified)eligible for placement on appropriate layoff lists. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the fill. If an employee has previously requested and has been offered fails to accept an offer of a vacancy under this provision position in the same or an equal a transferable class in the same employment condition following their claim within thirty-five (35) miles of their current work location, the current positionemployee is no longer eligible to claim. Eligibility for claiming Employees who claim and fill vacancies under this provision begins on may return to their previous status at any time during the date twenty-one (21) calendar days following the appointment to the claimed position. If an employee returns to a layoff status during the trial period, time spent in the trial period shall be deducted from any remaining claiming status days the employee had at the time of the written layoff notice and continues until appointment to the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certificationclaimed position. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An If the options in Section 3(A)(4)(a) are not available, an employee may request to transfer or demote to a non-temporary classified vacancy in within another seniority unit in the same, transferable, transferable or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the . The receiving Appointing Authority shall determine if the employee is qualified for the position and, if so, shall not unreasonably deny the request request. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (for Unit 645) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation shall be paid to the employee until the end of the claiming period. In addition, the employee's name shall not be placed on any layoff lists until the end of the claiming period. If the claiming period extends beyond the layoff date, the employee must may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance or vacation liquidation and the employee will be position-qualified)eligible for placement on appropriate layoff lists. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the fill. If an employee has previously requested and has been offered fails to accept an offer of a vacancy under this provision position in the same or an equal a transferable class in the same employment condition following their claim within thirty-five (35) miles of their current work location, the current positionemployee is no longer eligible to claim. Eligibility for claiming Employees who claim and fill vacancies under this provision begins on may return to their previous layoff status at any time during the date twenty-one (21) calendar days following the appointment to the claimed position. If an employee returns to a layoff status during the trial period, time spent in the trial period shall be deducted from any remaining claiming status days the employee had at the time of the written layoff notice and continues until appointment to the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff listsclaimed position. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall may place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation Such leave usage is shall not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete exceed fourteen (14) days following the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date end of the non-certification. (2) If the employee's claiming period or layoff notice period has not expireddate, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder whichever is later unless upon mutual agreement of the notice period. Such employees shall not claim additional positions.the

Claiming. An employee In order to avoid a layoff or bump, a supervisor may request to take a transfer or demote demotion to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower a class/class (or class option) in which the employee previously served or option for which the employee supervisor is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified). Employees Supervisors may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested comparable vacancy within thirty-five (35) miles of the employeesupervisor's current work location is available which the current Appointing Authority determines to fill or if the employee supervisor has previously requested and has been offered a vacancy under this provision in the same or an equal a transferable class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written notice of layoff notice and continues until the actual date of layoff layoff. For a supervisor who has no vacancy or forty-bumping options and must accept layoff, eligibility for claiming shall continue for forty five (45) days, whichever days if that is greaterlater than the actual date of layoff. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will shall be paid to the supervisor until the end of the claiming period. The employee’s In addition, the supervisor's name will be placed on the Seniority Unit Layoff List but will shall not be placed on the Class (or Class Option) Layoff List any layoff lists until the end of the claiming period. If the claiming period extends beyond the layoff date, employees supervisors may waive their post-layoff date claiming rights and the Appointing Authority shall authorize payment of any severance and or vacation liquidation and employees the supervisor will be eligible for placement on appropriate layoff lists. If the employee supervisor successfully claims a vacancy but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee supervisor on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 2 of Article 8. For employees Supervisors who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her their original seniority unit, class, employment condition, and location. Such employees supervisors are not subject to 3A - Sections 3G , 7 and 8 of this Article but shall become eligible to be placed on layoff lists in accord accordance with 3H Section 9 on the effective date of the their non-certification. Also see letter dated September 16, 1993 regarding an experimental method for supervisors noticed of permanent layoff to demonstrate qualifications for positions to which they may be able to transfer or demote. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-position- qualified). Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply:. (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her their original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her their original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-position- qualified). Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her their original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her their original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee Tenured faculty members notified of layoff in accordance with this Article may request to transfer or demote to a non-temporary classified vacancy in another seniority unit exercise claiming rights within the Minnesota State Universities in the same, transferable, designated academic areas indicated on the retrenchment list as follows: Subd. 1. The faculty member shall have three (3) calendar weeks from the date the notice of vacancy was sent to the faculty member to contact the university and indicate interest in the position and to forward the application materials requested in the notice to the Academic Vice President or lower class (or class option) in which designee of the employee previously served or for which university involved. Subd. 2. When the employee is determined to be qualified credentials of a claiming faculty member have been received by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6a hiring university, the employee must Vice President or designee shall meet with the relevant department to ensure that it is aware of and understands all the provisions of this section prior to considering a claiming request. The department involved shall make telephone contact with the claiming faculty member and invite the claimer to visit the campus for an informational interview. At the time of the visit, the claiming faculty member shall also be position-qualified)afforded an interview with the President or appropriate Vice President. Employees may not request The department shall make a transfer or demotion to another Appointing Authority if such a vacancy is available written recommendation to the employee at President concerning the credentials of the claiming faculty member. If the recommendation from the department is negative, the claiming faculty member shall be afforded a pay level equal telephone call with the President before the President determines whether the claimer is qualified to fill the requested vacancy vacancy. The university shall be responsible for travel and related expenses from the faculty member's place of residence if it is within thirty-five the State of Minnesota or within fifty (3550) miles of the employee's current work location which Minnesota border. The faculty member will be responsible for travel and related expenses from a place of residence beyond fifty (50) miles from the current Appointing Authority determines Minnesota border. Subd. 3. After consulting with the department, the President shall determine whether the claiming faculty member is qualified to fill the vacant position. In evaluating the claiming faculty member, neither the President nor the department will compare the claimer with any actual, hypothetical, or ideal applicant, and will take no notice of applications and credentials of other candidates until a decision has been reached regarding the faculty member seeking to claim a vacant position. The claiming faculty member must be awarded the position if the employee faculty member has previously requested and has been offered a vacancy under this provision sufficient ability, i.e., is competent to perform the duties of the position as described in the same or an equal class in the same employment condition within thirty-five (35) miles notice of the current positionvacancy. Subd. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater4. If the claiming period extends beyond President determines that a faculty member seeking to claim a vacant position does not possess sufficient ability to fill the date position, the President shall send the faculty member a written statement identifying the qualifications stated in the notice of layoff, no severance or vacation liquidation will be paid until vacancy that the end of the claiming periodclaimer does not possess. The employee’s name will System Office shall be placed on informed so that the Seniority Unit Layoff List but will not notice of vacancy can be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights mailed and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If search resumed in accordance with the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 procedures of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period21, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.Section A.

Claiming. An employee Tenured faculty members notified of layoff in accordance with this article may request to transfer or demote to a non-temporary classified vacancy in another seniority unit exercise claiming rights within the Minnesota State Universities in the same, transferable, designated academic areas indicated on the retrenchment list as follows: Subd. 1. The faculty member shall have three (3) calendar weeks from the date the notice of vacancy was sent to the faculty member to contact the university and indicate interest in the position and to forward the application materials requested in the notice to the Academic Vice President or lower class (or class option) in which designee of the employee previously served or for which university involved. Subd. 2. When the employee is determined to be qualified credentials of a claiming faculty member have been received by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6a hiring university, the employee must Vice President or designee shall meet with the relevant department to ensure that it is aware of and understands all the provisions of this section prior to considering a claiming request. The department involved shall make telephone contact with the claiming faculty member and invite the claimer to visit the campus for an informational interview. At the time of the visit, the claiming faculty member shall also be position-qualified)afforded an interview with the President or appropriate Vice President. Employees may not request The department shall make a transfer or demotion to another Appointing Authority if such a vacancy is available written recommendation to the employee at President concerning the credentials of the claiming faculty member. If the recommendation from the department is negative, the claiming faculty member shall be afforded a pay level equal telephone call with the President before the President determines whether the claimer is qualified to fill the requested vacancy vacancy. The university shall be responsible for travel and related expenses from the faculty member's place of residence if it is within thirty-five the State of Minnesota or within fifty (3550) miles of the employee's current work location which Minnesota border. The faculty member will be responsible for travel and related expenses from a place of residence beyond fifty (50) miles from the current Appointing Authority determines Minnesota border. Subd. 3. After consulting with the department, the President shall determine whether the claiming faculty member is qualified to fill the vacant position. In evaluating the claiming faculty member, neither the President nor the department will compare the claimer with any actual, hypothetical, or ideal applicant, and will take no notice of applications and credentials of other candidates until a decision has been reached regarding the faculty member seeking to claim a vacant position. The claiming faculty member must be awarded the position if the employee faculty member has previously requested and has been offered a vacancy under this provision sufficient ability, i.e., is competent to perform the duties of the position as described in the same or an equal class in the same employment condition within thirty-five (35) miles notice of the current positionvacancy. Subd. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater4. If the claiming period extends beyond President determines that a faculty member seeking to claim a vacant position does not possess sufficient ability to fill the date position, the President shall send the faculty member a written statement identifying the qualifications stated in the notice of layoff, no severance or vacation liquidation will be paid until vacancy that the end of the claiming periodclaimer does not possess. The employee’s name will System office shall be placed on informed so that the Seniority Unit Layoff List but will not notice of vacancy can be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights mailed and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If search resumed in accordance with the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 procedures of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period21, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.Section A.

Claiming. An employee Tenured faculty members notified of layoff in accordance with this article may request to transfer or demote to a non-temporary classified vacancy in another seniority unit exercise claiming rights within the Minnesota State Universities in the same, transferable, designated academic areas indicated on the retrenchment list as follows: Subd. 1. The faculty member shall have three (3) calendar weeks from the date the notice of vacancy was sent to the faculty member to contact the university and indicate his/her interest in the position and to forward the application materials requested in the notice to the Academic Vice President or lower class (or class option) in which designee of the employee previously served or for which university involved. Subd. 2. When the employee is determined to be qualified credentials of a claiming faculty member have been received by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6a hiring university, the employee must Vice President or designee shall meet with the relevant department to ensure that it is aware of and understands all the provisions of this section prior to considering a claiming request. The department involved shall make telephone contact with the claiming faculty member and invite him/her to visit the campus for an informational interview. At the time of the visit, he/she shall also be position-qualified)afforded an interview with the President or appropriate Vice President. Employees may not request The department shall make a transfer or demotion to another Appointing Authority if such a vacancy is available written recommendation to the employee at President concerning the credentials of the claiming faculty member. If the recommendation from the department is negative, the faculty member shall be afforded a pay level equal telephone call with the President before the President determines whether he/she is qualified to fill the requested vacancy vacancy. The university shall be responsible for travel and related expenses from the faculty member's place of residence if it is within thirty-five the State of Minnesota or within fifty (3550) miles of the employee's current work location which Minnesota border. The faculty member will be responsible for travel and related expenses from a place of residence beyond fifty (50) miles from the current Appointing Authority determines Minnesota border. Subd. 3. After consulting with the department, the President shall determine whether the claiming faculty member is qualified to fill the vacant position. In evaluating the faculty member, neither the President nor the department will compare him/her with any actual, hypothetical, or if the employee has previously requested ideal applicant, and will take no notice of applications and credentials of other candidates until a decision has been offered reached regarding the faculty member seeking to claim a vacancy under this provision vacant position. The faculty member must be awarded the position if he/she has sufficient ability, i.e., is competent to perform the duties of the position as described in the same or an equal class in the same employment condition within thirty-five (35) miles notice of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certificationvacancy. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified). Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her their original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her their original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee In order to avoid a layoff or bump, a supervisor may request to take a transfer or demote demotion to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower a class/class (or class option) in which the employee previously served or option for which the employee supervisor is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified). Employees Supervisors may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested comparable vacancy within thirty-five (35) miles of the employeesupervisor's current work location is available which the current Appointing Authority determines to fill or if the employee supervisor has previously requested and has been offered a vacancy under this provision in the same or an equal a transferable class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice of xxxxxx and continues until the actual date of layoff layoff. For a supervisor who has no vacancy or forty-bumping options and must accept layoff, eligibility for claiming shall continue for forty five (45) days, whichever days if that is greaterlater than the actual date of layoff. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will shall be paid to the supervisor until the end of the claiming period. The employee’s In addition, the supervisor's name will be placed on the Seniority Unit Layoff List but will shall not be placed on the Class (or Class Option) Layoff List any layoff lists until the end of the claiming period. If the claiming period extends beyond the layoff date, employees supervisors may waive their post-layoff date claiming rights and the Appointing Authority shall authorize payment of any severance and or vacation liquidation and employees the supervisor will be eligible for placement on appropriate layoff lists. If the employee supervisor successfully claims a vacancy but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee supervisor on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 2 of Article 8. For employees Supervisors who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her their original seniority unit, class, employment condition, and location. Such employees supervisors are not subject to 3A - Sections 3G , 7 and 8 of this Article but shall become eligible to be placed on layoff lists in accord accordance with 3H Section 9 on the effective date of the their non-certification. Also see letter dated September 16, 1993 regarding an experimental method for supervisors noticed of permanent layoff to demonstrate qualifications for positions to which they may be able to transfer or demote. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified)request. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-thirty- five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An If the options in Section 3(A)(4)(a) are not available, an employee may request to transfer or demote to a non-temporary classified vacancy in within another seniority unit in the same, transferable, transferable or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the . The receiving Appointing Authority shall determine if the employee is qualified for the position and, if so, shall not unreasonably deny the request request. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (for Unit 645) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation shall be paid to the employee until the end of the claiming period. In addition, the employee's name shall not be placed on any layoff lists until the end of the claiming period. If the claiming period extends beyond the layoff date, the employee must may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance or vacation liquidation and the employee will be position-qualified)eligible for placement on appropriate layoff lists. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the fill. If an employee has previously requested and has been offered fails to accept an offer of a vacancy under this provision position in the same or an equal a transferable class in the same employment condition following their claim within thirty-five (35) miles of their current work location, the current positionemployee is no longer eligible to claim. Eligibility for claiming Employees who claim and fill vacancies under this provision begins on may return to their previous status at any time during the date twenty-one (21) calendar days following the appointment to the claimed position. If an employee returns to a layoff status during the trial period, time spent in the trial period shall be deducted from any remaining claiming status days the employee had at the time of the written layoff notice and continues until appointment to the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certificationclaimed position. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified)request. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An employee may request to transfer or demote to a non-temporary classified vacancy in another seniority unit in the same, transferable, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified)request. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level paylevel equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and has been offered a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current position. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her their original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her their original seniority unit, class, employment condition, and location for the forthe remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An If the options in Section 3(A)(4)(a) are not available, an employee may request to transfer or demote to a non-temporary classified vacancy in within another seniority unit in the same, transferable, transferable or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the . The receiving Appointing Authority shall determine if the employee is qualified for the position and, if so, shall not unreasonably deny the request request. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (for Unit 645) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation shall be paid to the employee until the end of the claiming period. In addition, the employee's name shall not be placed on any layoff lists until the end of the claiming period. If the claiming period extends beyond the layoff date, the employee must may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance or vacation liquidation and the employee will be position-qualified)eligible for placement on appropriate layoff lists. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the fill. If an employee has previously requested and has been offered fails to accept an offer of a vacancy under this provision position in the same or an equal a transferable class in the same employment condition following their claim within thirty-five (35) miles of their current work location, the current positionemployee is no longer eligible to claim. Eligibility for claiming Employees who claim and fill vacancies under this provision begins on may return to their previous status at any time during the date twenty-one (21) calendar days following the appointment to the claimed position. If an employee returns to a layoff status during the trial period, time spent in the trial period shall be deducted from any remaining claiming status days the employee had at the time of the written layoff notice and continues until appointment to the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff listsclaimed position. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall may place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation Such leave usage is shall not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete exceed fourteen (14) days following the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date end of the non-certification. (2) If the employee's claiming period or layoff notice period has not expireddate, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder whichever is later unless upon mutual agreement of the notice period. Such employees shall not claim additional positions.the

Claiming. An employee Tenured faculty members notified of layoff in accordance with this article may request to transfer or demote to a non-temporary classified vacancy in another seniority unit exercise claiming rights within the Minnesota State Universities in the samedesignated academic areas indicated on the retrenchment list as follows: Subd. 1. The faculty member shall have three (3) calendar weeks from the date the notice of vacancy was sent to the faculty member to contact the university and indicate interest in the position and to forward the application materials requested in the notice to the Academic Vice President or designee of the university involved. Subd. 2. When the credentials of a claiming faculty member have been received by a hiring university, transferablethe Vice President or designee shall meet with the relevant department to ensure that it is aware of and understands all the provisions of this section prior to considering a claiming request. The department involved shall make telephone contact with the claiming faculty member and invite the claimer to visit the campus for an informational interview. At the time of the visit, the claiming faculty member shall also be afforded an interview with the President or appropriate Vice President. The department shall make a written Subd. 3. After consulting with the department, the President shall determine whether the claiming faculty member is qualified to fill the vacant position. In evaluating the claiming faculty member, neither the President nor the department will compare the claimer with any actual, hypothetical, or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employerideal applicant, and the receiving Appointing Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified). Employees may not request will take no notice of applications and credentials of other candidates until a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the employee has previously requested and decision has been offered reached regarding the faculty member seeking to claim a vacancy under this provision in the same or an equal class in the same employment condition within thirty-five (35) miles of the current vacant position. Subd. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (45) days, whichever is greater4. If the claiming period extends beyond President determines that a faculty member seeking to claim a vacant position does not possess sufficient ability to fill the date position, the President shall send the faculty member a written statement identifying the qualifications stated in the notice of layoff, no severance or vacation liquidation will be paid until vacancy that the end of the claiming periodclaimer does not possess. The employee’s name will System office shall be placed on informed so that the Seniority Unit Layoff List but will not notice of vacancy can be placed on mailed and the Class (or Class Option) Layoff List until search resumed in accordance with the end procedures of the claiming periodArticle 21, Section A. Subd. 5. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. two (2) If the layoff notice period has not expiredor more faculty members are deemed qualified to claim a vacant position as described in this section, the employee position shall be returned awarded to his/her original the faculty member with greater seniority. If two (2) or more faculty members have equal seniority, the vacant position will be awarded to the one with the greater length of tenured service in the Minnesota State Universities. If two (2) or more faculty members have equal seniority unitand tenured service, classthe vacant position will be awarded to the one with greater length of total service in the Minnesota State Universities. If two (2) or more faculty members have equal seniority and equal length of tenured and total service, employment condition, and location for the remainder of President shall determine which faculty member shall be awarded the notice period. Such employees shall not claim additional positionsvacant position.

Claiming. An employee may request to transfer or demote to a non-temporary non‐temporary 20 classified vacancy in another seniority unit in the same, transferable, or lower class 1 (or class option) in which the employee previously served or for which the employee 2 is determined to be qualified by the Employer, and the receiving Appointing 3 Authority shall not unreasonably deny the request (for Unit 6, the employee must be position-qualified)request. Employees may not request a 4 transfer or demotion to another Appointing Authority if such a vacancy is available 5 to the employee at a pay level equal to the requested vacancy within thirty-five thirty‐five (35) 6 miles of the employee's current work location which the current Appointing 7 Authority determines to fill or if the employee has previously requested and has 8 been offered a vacancy under this provision in the same or an equal class in the 9 same employment condition within thirty-five thirty‐five (35) miles of the current position. 10 Eligibility for claiming under this provision begins on the date of the written layoff 11 notice and continues until the actual date of layoff or forty-five forty‐five (45) days, whichever 12 is greater. If the claiming period extends beyond the date of layoff, no severance or 13 vacation liquidation will be paid until the end of the claiming period. The employee’s 14 name will be placed on the Seniority Unit Layoff List but will not be placed on the 15 Class (or Class Option) Layoff List until the end of the claiming period. If the claiming 16 period extends beyond the layoff date, employees may waive their post-layoff post‐layoff 17 claiming rights and the Appointing Authority shall authorize payment of any 18 severance and vacation liquidation and employees will be eligible for placement on 19 appropriate layoff lists. 20 If the employee successfully claims but cannot be appointed until after the 21 scheduled layoff date, the current Appointing Authority shall place the employee on 1 unpaid leave or, upon mutual agreement, vacation leave until the new appointment 2 begins. Vacation leave usage is not subject to Section 3 of Article 8. 3 For employees who transfer or demote to another seniority unit under this provision 4 and who do not successfully complete the probationary period, the following shall 5 apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certification. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.

Claiming. An If the options in Section 3(A)(4)(a) are not available, an employee may request to transfer or demote to a non-temporary classified vacancy in within another seniority unit in the same, transferable, transferable or lower class (or class option) in which the employee previously served or for which the employee is determined to be qualified by the Employer, and the . The receiving Appointing Authority shall determine if the employee is qualified for the position and, if so, shall not unreasonably deny the request request. Eligibility for claiming under this provision begins on the date of the written layoff notice and continues until the actual date of layoff or forty-five (for Unit 645) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation shall be paid to the employee until the end of the claiming period. In addition, the employee's name shall not be placed on any layoff lists until the end of the claiming period. If the claiming period extends beyond the layoff date, the employee must may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance or vacation liquidation and the employee will be position-qualified)eligible for placement on appropriate layoff lists. Employees may not request a transfer or demotion to another Appointing Authority if such a vacancy is available to the employee at a pay level equal to the requested vacancy within thirty-five (35) miles of the employee's current work location which the current Appointing Authority determines to fill or if the fill. If an employee has previously requested and has been offered fails to accept an offer of a vacancy under this provision position in the same or an equal a transferable class in the same employment condition following their claim within thirty-five (35) miles of their current work location, the current positionemployee is no longer eligible to claim. Eligibility for claiming Employees who claim and fill vacancies under this provision begins on may return to their previous layoff status at any time during the date twenty-one (21) calendar days following the appointment to the claimed position. If an employee returns to a layoff status during the trial period, time spent in the trial period shall be deducted from any remaining claiming status days the employee had at the time of the written layoff notice and continues until appointment to the actual date of layoff or forty-five (45) days, whichever is greater. If the claiming period extends beyond the date of layoff, no severance or vacation liquidation will be paid until the end of the claiming period. The employee’s name will be placed on the Seniority Unit Layoff List but will not be placed on the Class (or Class Option) Layoff List until the end of the claiming period. If the claiming period extends beyond the layoff date, employees may waive their post-layoff claiming rights and the Appointing Authority shall authorize payment of any severance and vacation liquidation and employees will be eligible for placement on appropriate layoff lists. If the employee successfully claims but cannot be appointed until after the scheduled layoff date, the current Appointing Authority shall place the employee on unpaid leave or, upon mutual agreement, vacation leave until the new appointment begins. Vacation leave usage is not subject to Section 3 of Article 8. For employees who transfer or demote to another seniority unit under this provision and who do not successfully complete the probationary period, the following shall apply: (1) If the layoff notice period has expired, the employee shall be placed on layoff from his/her original seniority unit, class, employment condition, and location. Such employees are not subject to 3A - 3G of this Article but shall become eligible to be placed on layoff lists in accord with 3H on the effective date of the non-certificationclaimed position. (2) If the layoff notice period has not expired, the employee shall be returned to his/her original seniority unit, class, employment condition, and location for the remainder of the notice period. Such employees shall not claim additional positions.