Common use of Layoff Considerations Clause in Contracts

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. Where employees are equally qualified under (B) below, those employees 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 shall carefully consider employees' length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. (a) No tenured/multi-year/permanent status employee shall be laid off if there are non-tenured/non-permanent status employees or phased retirees in the layoff unit. (b) No employee in a non-tenured/non-permanent status position in the layoff unit with more than five (5) years of continuous University service or a phased retiree shall be laid off if there are any such employees with five (5) years or less of service. (c) Where employees are equally qualified under (Ba) belowor (b) above, those employees will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the Universityinstitution. In making such judgment, the University shall carefully consider employees' length of continuous university serviceappropriate factors such as, and shall take into account other appropriate factors, including but not limited to the employees’ length of continuous service, performance evaluation by students, peers, peers and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the scholarship and/or creative activity in which the employee may be engagedactivity, and service to the profession, community, community and public. B. (d) No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departmentstenured/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year year/permanent status employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. (e) The University shall notify the UFF annually in writing regarding the use of adjunct and other non-unit faculty in the layoff unit for a period of two years following the layoff. The use of adjunct and other non-unit faculty in departments/units where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. No tenured employee shall be laid off if there are employees who do not have tenure in the layoff unit. B. No employee who does not have tenure in the layoff unit with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(A) and (B) above 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 shall notify UFF in writing. E. Where employees are equally qualified under (A) or (B) belowabove, those employees 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 shall carefully consider employees' length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. F. No tenured employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less servicesolely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. G. The University shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. ‌ The selection of employees Faculty in the layoff unit 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. No non-tenured Faculty in the layoff Unit with more than five (5) Years of Continuous Service will be laid off if there are any such Faculty Members with five (5) years or less service. 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. The provisions of Sections 14.2(a) and (b) (Layoff Considerations) 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. Where employees Faculty are equally qualified under (Ba) belowor (b), above, those employees 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 shall will carefully consider employees' each Faculty Member’s length of continuous university service, Continuous Service and shall will take into account other appropriate factors, including but not limited to to (1) performance evaluation by students, peers, and supervisors, and Supervisors; (2) the employee's Faculty Member’s academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be Faculty Member is engaged, and ; and (3) service to the profession, community, and public. B. . No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departmentstenured/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or fixed multi-year employee shall 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 unitBargaining Unit. Layoff will not be used in lieu of termination procedures in Article 17 (Disciplinary Action). The University will notify the local UFF Chapter in writing regarding the use of adjunct and other non-unit Faculty in those Departments/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).

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. Where employees are equally qualified under (B) below, those employees 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 shall carefully consider employees' ’ length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's ’s academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU UFF in writing. E. The University shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees faculty members in the layoff unit to be laid off will be determined as follows: A. (a) No tenured/continuing multi-year/permanent status faculty member shall be laid off if there are non-tenured/ non-permanent status faculty members in the layoff unit. (b) No faculty member in a non-tenured/non-permanent status position in the layoff unit with more than five (5) years of continuous university service shall be laid off if there are any such 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 13.2(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 shall notify UFF in writing. (e) Where employees faculty members are equally qualified under (Ba) belowor (b) above, those employees faculty members will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the Universityinstitution. In making such judgment, the University shall carefully consider employees' faculty member’s length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's faculty member’s academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee faculty member may be engaged, and service to the profession, community, and public. B. (f) No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departmentstenured/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or continuing multi-year employee faculty member shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. (g) The university shall notify the local UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where faculty members have been laid off. The use of adjunct and other non-unit faculty in departments/units where faculty members have been laid off may be the subject of consultation meetings pursuant to Section 2.2.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. Where employees are equally qualified under (B) below, those employees 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 shall carefully consider employees' length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU UFF in writing. E. The University shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. Where employees are equally qualified under (B) below, those employees 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 shall carefully consider employees' length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU UFF in writing. E. The University shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. (a) No tenured employee shall be laid off if there are non-tenured employees in the layoff unit. No non-tenured but tenure-earning employees shall be laid off if there are non- tenured, non-tenure earning employees in the layoff unit. (b) No employee in a non-tenured position in the layoff unit with more than five years of continuous University service shall be laid off if there are any such employees with five years or less service. The date of layoff unit notification to the UFF shall be the date used to determine length of continuous University service. (c) Where employees are equally qualified under (Ba) belowor (b) above, those employees will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the University, including its commitment to diversity. In making such judgment, the University shall carefully consider employees' length of continuous university University service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. (d) No tenured employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less servicesolely for the purpose of creating a vacancy to be filled by an out-of-unit person entering the bargaining unit. C. The sole instance in which only one (1e) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.12. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees faculty in the layoff unit to be laid off will be determined as follows: A. (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 employees faculty are equally qualified under (Ba) belowor (b), above, those employees 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 shall will carefully consider employees' each faculty member 's length of continuous university service, University service and shall will take into account other appropriate factors, including but not limited to to (1) performance evaluation by students, peers, and supervisors, and ; (2) the employeefaculty member's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be faculty member is engaged, and ; and (3) service to the profession, community, and public. B. (f) No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departmentstenured/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or fixed multi-year employee shall 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).

Layoff Considerations. The selection of employees faculty members in the layoff unit to be laid off will shall be determined as follows: A. (a) No tenured/continuing multi-year faculty member shall be laid off if there are non-tenured faculty members in the layoff unit. (b) No faculty member in a non-tenured position in the layoff unit with more than five (5) years of continuous university service shall 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 shall constitute a layoff unit is when the functions that faculty member performs constitutes an area, program, or other level of organization at the University. (d) The provisions of 33.2(a) and (b) shall apply unless the Trustees or University Administration determines that an Affirmative Action employment program will be adversely affected. When an Affirmative Action Program has been so affected, the Trustees or University Administration shall notify UFF in writing. (e) Where employees faculty members are equally qualified under (Ba) belowor (b) above, those employees faculty members will be retained who, in the judgment of the UniversityBoard of Trustees or the University Administration, will best contribute to the mission and purpose of the University. In making such judgment, the Board of Trustees or the University Administration shall carefully consider employees' faculty members’ length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's faculty member’s academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee faculty member may be engaged, and service to the profession, community, and public. B. (f) No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departmentstenured/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or continuing multi-year employee faculty member shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. (g) The University Administration shall notify the local UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where faculty members have been laid off. The use of adjunct and other non-unit faculty in departments/units where faculty members have been laid off may be the subject of consultation meetings pursuant to the Consultation Article, Section 6.1 and 6.2.

Layoff Considerations. The selection of employees faculty in the layoff unit to be laid off will be determined as follows: A. (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 provision s 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 employees faculty are equally qualified under (Ba) belowor (b), above, those employees 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 judgmentsuchjudgment , the University shall will carefully consider employees' each faculty member 's length of continuous university service, University service and shall will take into account other appropriate factors, including but not limited to to (1) performance evaluation by students, peers, and supervisors, and ; (2) the employeefaculty member's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be faculty member is engaged, and ; and (3) service to the profession, community, and public. B. (f) No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departmentstenured/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or fixed multi-year employee shall 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).

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. (a) No tenured employee shall be laid off if there are non-tenured employees in the layoff unit. No non-tenured but tenure-earning employees shall be laid off if there are non-tenured, non-tenure earning employees in the layoff unit. (b) No employee in a non-tenured position in the layoff unit with more than five (5) years of continuous University service shall be laid off if there are any such employees with five (5) years or less service. (c) The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. (d) Where employees are equally qualified under (Ba) belowor (b) above, those employees will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the University, including its commitment to diversity. In making such judgment, the University shall carefully consider employees' length of continuous university University service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. (e) No tenured employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less servicesolely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. C. The sole instance in which only one (1f) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.12. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. (a) No tenured/continuing multi-year/permanent status employee shall be laid off if there are non-tenured/non-permanent status employees in the layoff unit. (b) No employee in a non-tenured/non-permanent status position in the layoff unit with more than five (5) years of continuous University service shall be laid off if there are any such employees with five (5) years or less of service. (c) Where employees are equally qualified under (Ba) belowor (b) above, those employees will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the Universityinstitution. In making such judgment, the University shall carefully consider employees' length of continuous university serviceappropriate factors such as, and shall take into account other appropriate factors, including but not limited to the employees’ length of continuous service, performance evaluation by students, peers, peers and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the scholarship and/or creative activity in which the employee may be engagedactivity, and service to the profession, community, community and public. B. (d) No tenured/continuing multi-year/permanent status employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less servicesolely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. C. The sole instance in which only one (1e) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter UFF in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.12. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. (a) No tenured/ fixed multi-year/permanent status employee shall be laid off if there are non-tenured/ non-permanent status employees in the layoff unit. (b) No employee in a non-tenured/non-permanent status position in the layoff unit with more than five (5) years of continuous college service shall be laid off if there are any such employees with five (5) years or less service. (c) The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the College. (d) Where employees are equally qualified under (Ba) belowor (b) above, those employees will be retained who, in the judgment of the UniversityCollege, will best contribute to the mission and purpose of the Universityinstitution. In making such judgment, the University College shall carefully consider employees' length of continuous university college service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. (e) No tenured/fixed multi-year/permanent status employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less servicefor the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. C. (f) The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University College shall notify the local UFF-FGCU Chapter NCUFF in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1Section 2.2. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. No tenured employee shall be laid off if there are employees who do not have tenure in the layoff unit. B. No employee who does not have tenure in the layoff unit with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(A) and (B) above 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 shall notify UFF in writing. E. Where employees are equally qualified under (A) or (B) belowabove, those employees 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 shall carefully consider employees' length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. F. No tenured employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less servicesolely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. G. The University shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-non- unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection selec­tion of employees faculty members in the layoff unit to be laid off will shall be determined as follows: A. (a) No tenured/continuing multi-year faculty member shall be laid off if there are non-tenured faculty members in the layoff unit. (b) No faculty member in a non-tenured position in the layoff unit with more than five (5) years of continuous university service shall 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 shall constitute a layoff unit is when the functions that faculty member performs constitutes an area, program, or other level of organization at the University. (d) The provisions of 33.2(a) and (b) shall apply unless the Trustees or University Administration determines that an Affirmative Action employment program will be adversely affected. When an Affirmative Action Program has been so affected, the Trustees or University Administration shall notify UFF in writing. (e) Where employees faculty members are equally qualified under (Ba) belowor (b) above, those employees faculty members will be retained who, in the judgment of the UniversityBoard of Trustees or the University Administration, will best contribute to the mission and purpose of the University. In making such judgment, the Board of Trustees or the University Administration shall carefully consider employees' faculty members’ length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's faculty member’s academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee faculty member may be engaged, and service to the profession, community, and public. B. No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. (a) No tenuredtenured employee shall be laid off if there are non-tenured employees in the layoff unit. No non-tenured but tenure-earning-earning employees shall be laid off if there are non-tenured, non-tenure earning employees in the layoff unit. (b) No employee in a non-tenured position in the layoff unit with more than five (5) years of continuous University service shall be laid off if there are any such employees with five (5) years or less service. The date of layoff unit notification to the UFF shall be the date used to determine length of continuous University service. (c) The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. (d) Where employees are equally qualified under (Ba) belowor (b) above, those employees employees(c) Employees will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the University, including its commitment to diversity. In making such judgment, the University shall carefully consider an employees' length of continuous university University service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers,, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees faculty in the layoff unit to be laid off will be determined as follows: A. (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 employees faculty are equally qualified under (Ba) belowor (b), above, those employees 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 judgmentjudgment , the University shall will carefully consider employees' each faculty member 's length of continuous university service, University service and shall will take into account other appropriate factors, including but not limited to to (1) performance evaluation by students, peers, and supervisors, and ; (2) the employeefaculty member's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be faculty member is engaged, and ; and (3) service to the profession, community, and public. B. (f) No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departmentstenured/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or fixed multi-year employee shall 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).

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows:: DocuSign Envelope ID: 61DFD276-BA48-43BC-8C40-565C97E5DF53 A. Where No tenured employee shall be laid off if there are employees are equally qualified under (B) below, those employees will be retained who, who do not have tenure in the judgment of the University, will best contribute to the mission and purpose of the University. In making such judgment, the University shall carefully consider employees' length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and publiclayoff unit. B. No employee who does not have tenure in the layoff unit with more than five (5) years of continuous university University service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B13.2(A) and (B) above 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 shall notify UFF-FGCU UFF in writing. E. Where employees are equally qualified under (A) or (B) above, those employees 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 shall carefully consider employees’ length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee’s academic training, professional reputation, teaching effectiveness, research record of quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. F. No tenured employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. G. The University shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. : No tenured or permanent status employee shall be laid off if there are non- tenured or non-permanent status employees in the layoff unit. No employee in a non-tenured or non-permanent status position in the layoff unit with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the university. The provisions of 30.2(a) and 30.2(b) will apply unless the University determines an Affirmative Action employment program will be adversely affected. When an Affirmative Action program has been so affected, the University shall notify UFF in writing. Where employees are equally qualified under (B30.2(a) belowand 30.2(b) above, those employees will be retained who, in the judgment of the University, best will best contribute to the institutional mission and purpose of the Universitypurpose. In making such judgment, the University shall carefully consider employees' length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. . No tenured or permanent status employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute solely for the purpose of creating a layoff unit is when vacancy to be filled by an administrator entering the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above will apply unless the University determines that an Affirmative Action employment program will be adversely affectedbargaining unit. When an Affirmative Action Program has been so affected, the University shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter UFF in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1meetings. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows: A. (a) No tenured/continuing multi-year/permanent status employee shall be laid off if there are non-tenured/ non-permanent status employees in the layoff unit. (b) No employee in a non-tenured/non-permanent status position in the layoff unit with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. (c) The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the university. (d) The provisions of 13.2(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 shall notify UFF in writing. (e) Where employees are equally qualified under (Ba) belowor (b) above, those employees will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the Universityinstitution. In making such judgment, the University shall carefully consider employees' ’ length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's ’s academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public. B. (f) No tenured/continuing multi-year employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less servicesolely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. C. (g) The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University university shall notify the local UFF-FGCU UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here where employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1Section 2.2. F. No tenured or multi-year employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

Layoff Considerations. The selection of employees faculty members in the layoff unit to be laid off will be determined as follows: A. Where employees (a) No tenured/continuing multi-year/permanent status faculty member shall be laid off if there are equally qualified under (B) below, those employees will be retained who, non-tenured/ non-permanent status faculty members in the judgment of the University, will best contribute to the mission and purpose of the University. In making such judgment, the University shall carefully consider employees' length of continuous university service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and publiclayoff unit. B. (b) No employee faculty member in a non-tenured/non-permanent status position in the layoff unit with more than five (5) years of continuous university University service shall be laid off if there are any such employees with five (5) years or less service. C. (c) The sole instance in which only one (1) employee faculty member will constitute a layoff unit is when the functions that the employee faculty member performs constitute an area, program, or other level of organization at the University. D. (d) The provisions of Article 13.2(B13.2(a) above 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 shall notify UFF-FGCU UFF in writing. E. The (e) Where faculty members are equally qualified under (a) or (b) above, those faculty members will be retained who, in the judgment of the University, will best contribute to the mission and purpose of the institution. In making such judgment, the University shall notify carefully consider faculty member’s length of continuous University service, and shall take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the local UFF-FGCU Chapter faculty member’s academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in writing regarding which the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off member may be engaged, and service to the subject of consultation meetings pursuant to Article 2.1profession, community, and public. F. (f) No tenured or tenured/continuing multi-year employee faculty member shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit. (g) The University shall notify the local UFF Chapter in writing regarding the use of adjunct and other non-unit faculty in those departments/units where faculty members have been laid off. The use of adjunct and other non-unit faculty in departments/units where faculty members have been laid off may be the subject of consultation meetings pursuant to Section 2.2.

Layoff Considerations. The selection of employees faculty in the layoff unit to be laid off will be determined as follows: A. (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 employees faculty are equally qualified under (Ba) belowor (b), above, those employees 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 shall will carefully consider employees' each faculty member’s length of continuous university service, University service and shall will take into account other appropriate factors, including but not limited to to (1) performance evaluation by students, peers, and supervisors, and ; (2) the employee's faculty member’s academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be faculty member is engaged, and ; and (3) service to the profession, community, and public. B. (f) No employee with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service. C. The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University. D. The provisions of Article 13.2(B) above 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 shall notify UFF-FGCU in writing. E. The University shall notify the local UFF-FGCU Chapter in writing regarding the use of adjunct and other non-unit faculty in those departmentstenured/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units here employees have been laid off may be the subject of consultation meetings pursuant to Article 2.1. F. No tenured or fixed multi-year employee shall 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).