Common use of Layoff Clause in Contracts

Layoff. Employees will be given 2 weeks notice prior to reduction/layoff or will be paid wages through this two-week period. The union will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classification, probationary employees shall be laid off first. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occurs.

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

Layoff. (a) The Employer will, whenever practicable, keep layoffs to a minimum. In the event a layoff occurs, the Employer will notify YusApuY, in advance, together with the reason for the decision. The Employer will observe the seniority of Employees in connection with layoff and recall and will follow the guidelines for layoff and recall set out herein. (b) A grievance concerning a layoff may be submitted directly at Step 2 (Article 8 – Complaints/Grievances) no later than ten (10) working days following receipt of the advisory or formal written notice of job closure. (c) As a direct result of layoff or attrition no Employees will be given 2 weeks notice prior to reduction/have their regular workload increased beyond a reasonable level. (d) The Employer will inform an Employee at the commencement of layoff or of the available means of accessing job posting information. It will be paid wages through this two-week period. The union will also be supplied with 2 weeks notice the responsibility of impending reduction/layoff. In reduction/layoff in any classification, probationary employees shall be laid off first. In cases where further reduction/layoffs are necessary the employee(s) with Employee to notify the least department seniority in Department of Human Resources should the classification Employee wish to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as an applicant for a single classification. For reduction/layoff purposes position posted in accordance with Article 12 – Job Posting. (e) A return date will be identified on a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification Record of that department. Employment issued to sessional Employees. (f) An employee so reduced/laid off may within 5 days after Employee who receives notice of reduction/layoff exercise his department seniority job closure and who currently has a Job Evaluation Questionnaire in any journeyman classification in that departmentthe rating or appeals queue, provided his qualifications for that particular job are sufficient at will have their questionnaire moved to the date top of the reduction/layoffqueue to establish a final rating for the Employee's current position. Should Notwithstanding any outstanding disputes, the employee not current rating will be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority used for the Employee’s selection in any classification/department, provided his qualifications for that particular job are sufficient at the date choosing one (1) of the reduction/layoffoptions as outlined in Articles 15.05 and 15.06. HoweverThe Employee may reselect if the rating is changed as per Article 15.08(a). (g) In some instances, an employee will not be allowed to exercise his service area seniority in YusApuY and the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment Employer may meet with the company. Such employee while continuing Employee affected by layoff to retain and accumulate his service area seniority shall be entitled consider advance priority placement prior to accumulate department seniority in the department to which transferred only from the date receipt of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursformal notice.

Layoff. Employees When the Board determines it is necessary to reduce the bargaining unit staff, the following procedures will be given 2 weeks notice prior followed with respect to reduction/layoff ancillary staff members whose employment is not regulated by the Michigan Teachers’ Tenure Act: a. The Board will determine the educational program(s) to be offered, the number of persons to be laid off, and the specific position(s) to be reduced or will be paid wages through this two-week periodeliminated. The union Association shall be notified of any proposed layoffs through its President, and shall be advised in writing by the Board concerning which positions and/or teachers would be affected including transfers and reassignments. b. An ancillary staff member not subject to the Teacher Tenure Act (“Staff Member”) being laid off pursuant to the foregoing procedure shall be offered an opportunity to displace (i.e. “bump”) the least senior staff member in the District in a specific position (if any) for which the laid off staff member is certified and qualified. The staff member shall be advised of the specific position into which he/she may “bump”; and, if he/she elects to “bump,” the staff member being “bumped” will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classification, probationary employees shall be laid off firstinstead; provided, however, that the “bumped” staff member shall also be afforded the same “bumping” rights. In cases where further reductionA staff member who elects not to exercise his/layoffs are necessary her “bumping” rights may not, following layoff, choose to do so. c. For the employee(s) with purposes of bumping, a part-time ancillary staff member may bump the least department seniority senior full or part-time ancillary staff member in a specific position (if any) for which the classification laid off part time ancillary staff member is qualified. A part-time ancillary staff member may decline a full time bump and retain rights to recall when available. d. A reduction in hours shall constitute a partial layoff; an ancillary staff member whose hours are reduced may elect to accept partial employment or be reduced/laid off. Rejection or acceptance of partial employment will not affect the ancillary staff member’s right to recall when available. e. Staff members being laid off shall be the one notified in writing not less than thirty (30) calendar days before their work is to be reduced/laid off. For reduction/layoff purposes apprentices curtailed. f. Ancillary staff members who have not completed their period of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient probation with the District at the date time of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he their layoff shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, retain recall rights (unless he is forced to exercise his service area seniority in order to retain his employment abandoned or forfeited) with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursDistrict for a period not exceeding two (2) years following their layoff.

Layoff. Employees (a) The period of layoff will be given 2 weeks up to 24 months immediately following the notice period. (b) An Employee’s seniority will continue to accrue during a layoff. (c) An Employee will continue to participate in those benefit plans in which they had been participating immediately prior to reduction/layoff or will be paid wages through this two-week period. The union will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/the layoff in any classification, probationary employees shall be laid off first. In cases where further reduction/layoffs are necessary accordance with Article 22 to the employee(s) with end of the least department seniority 2nd pay period following the pay period in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at which the date of layoff occurred. Subject to coverage being available in the reduction/marketplace, the Employee may continue to participate in some or all of those benefit plans for the balance of the period of layoff provided that they pay 100% of the premiums authorized in advance, for 6 month intervals renewable through the period of the layoff. Should . (d) While on layoff, an Employee will be eligible to participate under the employee not be able to bump into a journeyman position within his departmentterms of the Bursaries for Spouses and Dependents of University Employees and Tuition Assistance for Active Employees, he shall be able to exercise his service area seniority for the full academic term (4 months) following the academic term in any classification/department, provided his qualifications for that particular job are sufficient at which the date of the reduction/layoff. However, layoff occurred. 17.06 Severance Pay (a) An Employee subject to layoff who has not obtained an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment alternate position with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from Employer will receive severance pay, calculated as of the date of transferlayoff and in accordance with Appendix I: i. Upon request of the Employee in writing to Human Resources at any time on or after the date of layoff, it being understood that severance pay shall be paid at the earliest on the first regular pay date following the date of layoff; or ii. Note: Before If the Employee has not made a request for severance pay, the date that is 24 months after the date of layoff. iii. At the point of collecting severance, an employee may exercise his/her service area seniority Employee’s severance pay will be based on either Appendix I or the entitlement under the Employment Standards Act, 2000, whichever is greater. (b) Upon receipt of severance pay, the Employee’s employment at the University shall end. 17.07 Notwithstanding Articles 17.01 to 17.06, the processes in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursplace on April 30, 2019 shall continue to apply with respect to those Employees who received notice of layoff on or before September 30, 2019.

Layoff. Employees will be given 2 weeks notice prior to reduction/layoff or will be paid wages through this two-week period. The union will also be supplied (1) Layoff of regular employees with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classification, probationary employees shall be laid off first. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his less than three years' service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled in reverse order of seniority within a classification and within ministry seniority blocks as specified in Appendix 7—Seniority Blocks. (i) A regular employee designated for layoff may opt to accumulate department use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an option has the qualifications to meet the requirements of the job. (ii) If there are no vacancies available an employee promoted from another position within the same seniority block may opt to displace the employee currently filling the position originally held by the employee designated for layoff, providing the employee exercising such a displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. (iii) If an employee is not placed through the option of (a)(2)(ii) above, then they may opt to displace the junior employee currently filling a position within that classification originally held, providing the employee exercising this displacement option has greater seniority and is qualified and able to perform the job after a period of familiarization. This option shall be exercised only within the same seniority block and same geographic location. (iv) The employee displaced pursuant to (ii) or (iii) shall have the options contained in (i). (3) Upon layoff, a regular employee will have the option of displacing the most senior auxiliary employee in the department ministry, within the same seniority block and going onto auxiliary recall lists within the ministry within the geographic boundaries of the seniority block. (4) A regular employee who chooses to which transferred only from go onto the date auxiliary recall list pursuant to this section, shall retain their regular status unless they fail to maintain 1200 hours worked at the straight-time rate within the previous 26 pay periods except as provided under Article 21— Maternity, Parental and Pre-Adoption Leave; but a regular employee recalled to auxiliary work will be considered to have auxiliary status for purposes of transferClauses 15.3 and 15.4 of the Master Agreement, the vacation scheduling provisions of component agreements and notice of layoff as specified in (b) below. Note: Before Where an employee may exercise his/her loses regular status by failing to maintain 1200 hours in 26 pay periods as referenced above, their previous regular service area seniority in another department he/she must have exhausted his/her department shall be credited as auxiliary seniority in journeyman classifications from for the purposes of layoff and recall only. Calculation shall be based on 1827 hours of auxiliary seniority per year of regular service seniority (pro-rated for partial years). (5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which the reduction/lay off/bump occursis available after a period of familiarization.

Layoff. Employees A. Members who are to be laid-off will be given 2 weeks notice prior to reduction/layoff or notified as soon as possible and in no event will be paid wages through this two-week periodprovided less than fourteen (14) days written notice. The union will also be supplied with 2 weeks notice of impending reduction/word "layoff. In reduction/layoff in any classification, probationary employees " shall be laid off first. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority mean a reduction in the work force due to a decline in student enrollment, lack of funds, elimination of a position, or other unforeseen circumstances. B. Layoff, should it be necessary, shall take place by classification based on seniority according to the following procedure: 1. Probationary; 2. Non-probationary; 3. Member who is to be reduced/laid laid-off shall be the in one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area who has acquired seniority in another department he/she must have exhausted his/her department seniority classification may bump the least senior Member in journeyman classifications that classification; and; 4. If more than one Member in a classification is laid-off, the affected Members shall select from which available positions in accordance with their seniority. The following stipulations will apply: a. The position involves the reduction/lay off/bump occurssame or greater number of work hours, unless the laid-off Member will accept less; b. The laid-off Member has more seniority; and c. The Member satisfies the posted qualifications. C. Laid-off Members shall be given preference over new hires to available bargaining unit vacancies in other classifications, provided they meet the posted qualifications. If a laid- off Member fails to satisfactorily complete the probationary period in the other classification, the laid-off Member shall remain on the layoff list for the previous classification. D. Members who are involuntarily in-active (i.e., on layoff or non-permanent assignment has ended) who wish to work as substitutes shall submit a written request within thirty E. The layoff provisions of this Agreement will not apply to Members who are hired to fill long-term, non-permanent positions; however, Members that are filling long-term, non- permanent positions will be notified as soon as possible and in no event will be provided less than two (2) weeks written notice of the assignment’s ending date.

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

Layoff. Employees An affected permanent employee shall be compared for the purposes of seniority relative to layoff only with other employees in the same Department or Division affected by the reduction in force. Former employees who were in permanent status at the time of separation by a reduction in force shall have reemployment rights within the classified service, for a period of two (2) years, in accordance with this Article. It is the responsibility of the employee to update their contact information for the purpose of remaining on the reemployment list. After three (3) unsuccessful documented attempts by the Employer to contact a former permanent employee for reemployment within a fourteen (14) calendar day period, the former permanent employee’s name will be given 2 weeks notice prior to reduction/layoff or will be paid wages through this two-week periodremoved from the reemployment list. The union will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classification, probationary Former permanent employees shall be laid off firstoffered reemployment from layoff in order of seniority based on continuous State service date. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority Former permanent employees will first be offered reemployment in the classification class or a comparable class and pay grade in the Department and geographical area from which they were laid off, if available. If no comparable position exists in their geographical area, the employee will be offered a comparable position in a different geographical area, if available. Former permanent employees may be offered a reemployment position in a lower class and pay grade as that held at the time of their separation, provided they have made application for said position and they meet the minimum qualifications. If an employee is offered and accepts reemployment in a lower class and pay grade than that held at the time of layoff, they will remain on the reemployment lists for all classes and pay grades for which they expressed interest and meet the minimum qualifications, up to and including the class and pay grade held at layoff. Former permanent employees may be reduced/laid off shall be offered reemployment from layoff to positions within Departments other than the one to be reduced/Department from which they were laid off. For reduction/layoff purposes apprentices The position offered for reemployment in a different Department must be in the same class or comparable class and pay grade, or a lower class and pay grade than that held at the time of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeymanthe former permanent employee’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that departmentseparation, provided his qualifications they have made application for that particular job said position and meet the minimum qualifications. When a Department intends to fill a position and there are sufficient at more than one eligible former permanent employees with reemployment rights under this Article, the date of Department shall select the reduction/layoff. Should former permanent employee who has the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occurshighest continuous State seniority.

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

Layoff. Employees Layoffs shall be conducted in accordance with this contractual procedure only. Whenever it becomes necessary for the Board to reduce its work force, it shall lay-off employees or abolish their positions as provided in this Article. The Board will lay-off for lack of funds, lack of work or abolishment of positions. Whenever the Employer determines that a layoff or job abolishment is necessary, the following shall apply: 1. The Employer shall determine the number of employees, the classifications and positions to be given 2 weeks notice affected by the layoff. The Employer agrees to notify the Union and allow the Union to propose possible alternatives and discuss the impact of the layoff prior to reduction/layoff or will be paid wages through this two-week periodinitially notifying the affected employees. 2. The union will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classification, Employees serving a probationary employees period after initial appointment shall be laid off firstbefore employees who have completed a probationary period. In cases where further reduction/layoffs are necessary the employee(s) with the least department Bargaining unit members shall be laid off by seniority in the classification to in which they are working. Seniority will be reduced/determined in accordance with Article 17: Seniority. All substitutes will be laid off prior to regular bargaining unit members, and the regular bargaining unit members will be offered substitute work when available. In the event two (2) or more employees have the same seniority date, the tie will be broken by the last digit in the social security number with 9 being high and zero (0) being low. If the last number is the same, then you will proceed to the next number and so on until the tie is broken. 3. The Employer shall be notify the one to be reducedaffected employees and the Union, in writing, at least fourteen (14) calendar days in advance of any layoff. Each notice of layoff shall state the following: a. The effective date of layoff; and b. A statement advising the employee of his/laid off. For reduction/her rights of reinstatement from the layoff purposes apprentices and bumping rights in B below. c. Employees notified of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid lay-off may within 5 have five (5) calendar days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able lower classification provided they are qualified to exercise his service area seniority in any classification/department, provided his qualifications perform the work and hold or can obtain the necessary certificate or license for that particular job position, and have more program seniority than the present incumbent they are sufficient bumping. d. Any employee displaced by (A) (3) (c) above will also have up to five (5) days to bump into a lower classification under the terms of (A) (3) (c). e. Bargaining Unit members will be placed at the date of appropriate Step on the reduction/layoff. However, an employee will not be allowed salary schedule for the position they have bumped taking into consideration their service to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursprogram.

Layoff. ‌ Procedures -- Whenever, because of lack of work or lack of funds, it becomes necessary to lay off permanent or probationary employees, such layoff shall be conducted in accordance with procedures set forth in the sections below. 26.1 Persons laid off because of lack of work or lack of funds are eligible for re-employment for a period of thirty-nine (39) months and shall be re-employed in preference to new applicants, provided they meet qualifications for the position. In addition, such persons laid off have the right to participate in promotional examinations within the District during the period of thirty-nine (39) months. Employees will be given 2 weeks notice prior to reduction/who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who choose to remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for re-employment for an additional period of up to twenty-four (24) months; provided that the same tests of fitness under which they qualified for appointment to the class shall still apply. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in their former class or to positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid re-employment list, they shall be ranked on that list in accordance with their proper seniority. Employees in laid off status who refuse three offers of re-employment shall be deemed to have exhausted any and all rights to re- employment. 26.2 No volunteer, substitute, short-term employee or student will be paid wages through this two-week period. The union will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classification, probationary perform work ordinarily performed by the person laid off. 26.3 Classified employees shall be laid off firstsubject to layoff for lack of work or lack of funds. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of Whenever a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An classified employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in the order to retain his employment with of layoff within the company. Such employee while continuing to retain and accumulate his service area seniority class shall be entitled to accumulate department seniority determined by seniority. Re-employment shall be in the department to which transferred only from the date reverse order of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occurslayoff.

Layoff. Procedures -- Whenever, because of lack of work or lack of funds, it becomes necessary to lay off permanent or probationary employees, such layoff shall be conducted in accordance with procedures set forth in the sections below. 26.1 Persons laid off because of lack of work or lack of funds are eligible for re-employment for a period of thirty-nine (39) months and shall be re-employed in preference to new applicants, provided they meet qualifications for the position. In addition, such persons laid off have the right to participate in promotional examinations within the District during the period of thirty-nine (39) months. Employees will be given 2 weeks notice prior to reduction/who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or who choose to remain in their present positions rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for re-employment for an additional period of up to twenty-four (24) months; provided that the same tests of fitness under which they qualified for appointment to the class shall still apply. Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in their former class or to positions with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid re-employment list, they shall be ranked on that list in accordance with their proper seniority. Employees in laid off status who refuse three offers of re-employment shall be deemed to have exhausted any and all rights to re- employment. 26.2 No volunteer, substitute, short-term employee or student will be paid wages through this two-week period. The union will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classification, probationary perform work ordinarily performed by the person laid off. 26.3 Classified employees shall be laid off firstsubject to layoff for lack of work or lack of funds. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of Whenever a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An classified employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in the order to retain his employment with of layoff within the company. Such employee while continuing to retain and accumulate his service area seniority class shall be entitled to accumulate department seniority determined by seniority. Re-employment shall be in the department to which transferred only from the date reverse order of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occurslayoff.

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

Layoff. Employees If the Board determines a layoff, in accordance with ORS 342.934, is necessary, the District agrees that such reduction shall be made in accordance with the following procedure: 1. Whenever the District determines that a layoff is necessary, it will notify the Association. Except in the case of an emergency, notice will be given 2 weeks notice prior to reduction/the affected employees as soon as is practicable. 2. In conducting a layoff under this Article, the District will first determine the program(s) or area(s) scheduled for layoff or elimination. a) After such determination, the District will be paid wages through this two-week period. make every effort to transfer employees in such program(s) or area(s) to other vacant positions for which they are properly licensed. b) The union District will also be supplied with 2 weeks notice make every reasonable effort to combine positions in a manner which allows employees to remain licensed so long as the combined positions meet the needs of impending reduction/layoffthe District. 3. In reduction/the event that a layoff in any classificationis necessary, probationary the employees to be retained shall be determined by means of the following criteria: a) A determination that the employees to be retained hold the proper license to fill the remaining position(s); b) the District may retain an employee with less seniority if the District determines that the employee being retained has more competence than the employee being released except that no permanent employee will be laid off firstif licensed to teach a course being taught by a probationary employee; c) competence shall be defined as the ability to teach a subject or grade level defined as elementary (K-6), middle (7-8), or high school (9-12) based on recent teaching experience related to subject or grade level within the last five (5) years. Consistent with this definition of competence, however, so long as an employee is already licensed in a given area, subject, or endorsement area at the time that a layoff is declared, the District shall consider the willingness of the employee to pursue additional training and educational preparation equivalent to nine (9) credit hours in making a competence determination. The nine (9) credit hours are subject to mutual agreement. For purposes of this section, Title I, Special Education, and Elementary Specialists (Music, PE, Counseling, Child Development) shall be grouped with the grade level that the particular employee has been teaching. 4. Seniority shall be defined as the employee's total length of continuous service in the District beginning with the first day of actual service after the most recent date of hire. Seniority will be computed and accrue from the employee's first contract day in a bargaining unit position and shall continue to accrue during paid leaves. Seniority shall not accrue during unpaid leaves of absence, except as required by law, but authorized unpaid leaves of absence shall not be considered to "break" continuity of employment. In cases where further reduction/layoffs are necessary case two (2) or more employees have the employee(s) same seniority with the least department seniority District, the tie will be resolved by drawing lots. 5. Nothing in the classification to be reduced/laid off this Article shall be construed so as to interfere with the one Board's right to be reduced/laid off. For reduction/layoff purposes apprentices of dismiss a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An permanent employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at pursuant to the date provisions of the reduction/layoff. Should the Fair Dismissal Law or to dismiss or non-renew a probationary employee not be able pursuant to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursORS 342.835.

Layoff. Employees 1. Layoff shall be pursuant to Civil Service laws and regulations with the following modifications: a. Cross-category bumping: Any laid off employee seeking to displace a less senior employee in a classification series in which they were previously employed must meet the following criteria: (1) They are qualified to assume the duties of the new position; (2) They have been employed in the particular classification they seek or a position higher in the classification series within the last five (5) years. b. Special Needs Aide/Paraprofessional: Special Needs Aide/Paraprofessional positions may be immediately reduced by the Board when a disabled student or students to whom a Special Needs Aide/Paraprofessional is assigned, cease to attend in the District, graduate, are deemed no longer in need of Special Needs Aide/Paraprofessional assistance per the IEP team, or are otherwise unavailable to access such services. The layoff provisions of the Civil Service Law, Revised Code Chapter 124 are modified and expressly superseded with respect to the position of Special Needs Aide/Paraprofessional to the extent that if a displaced Special Needs Aide applies to bump the least senior Special Needs Aide/Paraprofessional, the Administration retains the right to make the reassignment and/or prevent such bumping in the best interests of the disabled student(s) affected based upon the special needs of the student(s) as described in the IEP(s) or 504 accommodation plans. Such a determination by the Administration will not be arbitrary or capricious. Special Needs Aides/Paraprofessionals who either do not apply to bump into another Special Needs position or who are otherwise displaced from the Special Needs Aide/Paraprofessional classification as the result of a layoff will be given 2 weeks notice prior the opportunity to reductionpursue displacement rights which otherwise exist under this contract and/or to fill the next available Special Needs Aide/layoff or will be paid wages through this two-week period. The union will also be supplied with 2 weeks notice Paraprofessional position which becomes available and for which they are qualified and compatible based upon the special needs of impending reduction/layoff. In reduction/layoff in any classification, probationary employees shall be laid off first. In cases where further reduction/layoffs are necessary the employee(sstudent(s) with the least department seniority as described in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursIEP(s) or 504 accommodation plans.

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

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

Layoff. Employees will be given 2 weeks If and when a reduction or reorganization in the workforce is necessary, following at least thirty (30) calendar days’ notice, for fiscal necessity based layoffs inclusive of opportunity for the Group Review Committee to respond and sixty (60) calendar days’ notice prior to reduction/for reorganization based layoffs, layoff or will be paid wages shall occur through this two-week perioddeletion of Professional Staff position(s) as determined by the Employer. The union will also be supplied with 2 weeks Within seven (7) calendar days of the receipt of official written notice of impending reduction/layoff. In reduction/layoff due to a reduction or reorganization in any classificationthe workforce, probationary employees a university funded employee shall be laid off first. In cases where further reduction/layoffs specifically permitted to submit, in writing, application for and then receive good faith review of up to five (5) continuing positions whose incumbents are necessary the employee(s) with university funded and hold the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman same generic position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/the laid offoff employee holds greater seniority. Employees who have completed three full years of service in (a) the same grant-funded position; or (b) different associated-represented positions under the same grant funding source, unless he is forced are eligible to exercise his participate in the bumping process outlined herein. Employees who have not completed three full years of service area seniority as outlined above do not have bumping rights, regardless of the length of other university funded employment. The Employer shall consider all requests to bump in order of seniority service of the applicant. The Employer shall determine whether the applicant is qualified to retain his employment with bump the companyleast senior employee in the positions applied for. Such If the Employer determines that the applicant is not qualified to bump in that position, the Employer shall determine whether the applicant is qualified to bump the next least senior employee while continuing in the positions applied for. This process shall continue until the applicant is deemed qualified for a bump or all five (5) positions have been considered. If the displaced employee is determined to retain and accumulate his service area seniority hold the qualifications for the position reviewed, the employee shall be entitled permitted to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority rights to displace an employee with less seniority in another department the generic job classification for which the employee currently holds seniority or for which the employee holds seniority service credit accumulation, in the job classification from which a position was held immediately prior to the current job classification from which the employee is being laid off. Displacement is potentially available only for and within the following two (2) groupings: a. Assistant Director, Administrative Assistant I, Assistant to Xxxx, Assistant to Director, Assistant to Chair, Assistant to Sponsored Chair, Program or Function Coordinator or Manager. b. Professional Service Librarian (excluding Head Librarian) professional specialists within the specific specialty area. The Employer retains its right to determine whether an employee possesses the qualifications to fill the position into which he/she must have exhausted seeks to bump. Qualification determination shall be based upon the qualifications set out by the position description, as may be amended from time to time, as matched with the bumping applicant's qualifications and performance record. Consideration of performance as negatively affecting qualifications herein, shall be restricted to a formal performance record that is officially, and in writing, less than satisfactory overall or a performance record evidencing active disciplinary status. Within seven (7) calendar days of receipt of notification that a bumping applicant is not qualified for a position sought, the Association may submit a written request for review to the Position Review Committee. The Position Review Committee shall issue its recommendation to the Vice President of Human Resources or his/her department seniority designee, not later than seven (7) calendar days after submission by the Association. The Vice President of Human Resources or his/her designee, shall, in journeyman classifications good faith consider recommendation(s) made pursuant hereto, prior to final determination. The determination by the Vice President of Human Resources or his/her designee is final and binding on the issue of the right to bump the position in issue. The Position Review Committee of three (3) serve one (1) year terms to end on June 30th of each year and shall review all bumping applicants submitted by the Association to it. It shall be selected as follows: a. Two (2) members are to be selected by the Association. b. One (1) member to be selected by the Employer. c. Members may be from among the university's entire employment pool. An applicant who is successful at bumping into a new position shall be required to complete a new six (6) month probationary period. This probationary period may be waived for employees with Just Cause Status. A decision to waive all or part of the probationary period is a non-grievable discretionary decision. The probationary period attendant to a successful bumping applicant or to an employee recalled to a position other than the same position from which laid off (See "Recall", infra) shall be limited to performance concerns. In any event, except as expressed and limited by this provision only, infra, dismissal during a probationary period is not grievable. A successful bumping shall mandate that the reductionprobationary employee be given the first ninety (90) days of probationary appointment to assimilate departmentally specific knowledge while performing in the new job and therefore a successful bumping applicant shall not be dismissed from employment during the first ninety (90) days of his/lay offher probationary contract of employment, unless there is, at least, an expressed rational basis related to poor performance, in which case the Association may grieve only the existence of a rational basis for dismissal during this period. A successful bumping by an employee without Just Cause Status shall result in a probationary contract of employment to expire at the end of the fiscal year in which the bumping occurs. A successor contract of employment prior to the end of a probationary period in no way modifies that probationary period. If the employee would be eligible for Just Cause Status upon commencement of a new fiscal year contract, however, but for the need to complete the six (6) month probationary period, they will attain such Status upon completion of the probationary period, in accordance with the provisions of Article IX.A.7, notwithstanding the fact there may be an annual contract in effect on the date that the probationary period is completed. Any bumping which results in displacement of an employee in a higher salary classification shall result in the successful bumping applicant receiving the step on the new range closest to his/bump occursher salary step on the previous range. In addition, a Professional Staff Member who is laid off shall have a right to apply for and be considered for placement in vacant bargaining unit positions for which they are qualified, if they request such consideration within a reasonable time following their layoff. Whether a Professional Staff Member is qualified for any specific vacancy shall be determined by Human Resources and the Hiring Manager. If they are deemed not to be qualified they will receive a written rationale for this determination. This determination is not subject to challenge through the grievance procedure. Any laid off Professional Staff Member placed into a vacant position shall serve a six (6) month probationary period in that position. Except as specified in the provisions of Article IX.I.2 governing laid off members applying for vacant position, these provisions shall not alter bumping rights that Professional Staff Members have pursuant to this Article, e.g., a request to be considered for an open position (or positions) will not count towards the five (5) positions that a laid off Professional Staff Member may designate as positions that they wish to be considered for in connection with their bumping rights.

Layoff. The Chairperson or Committeepersons will be notified in writing five (5) working days prior to any layoff exceeding one (1) calendar week to review the nature of the layoff and to discuss procedure for reducing the workforce. This shall not apply in the event of an emergency beyond the control of the Company; in such cases the Company will provide as much notice as possible to the Union. When it is necessary to reduce the workforce the following procedure shall be followed provided employees exercising seniority have the ability to perform the normal requirements of the job, into which they wish to bump. Employees who wish to exercise seniority will make their intention known no later than the start of their next scheduled shift. Notwithstanding the forgoing, employees exercising their seniority shall first do so into a classification, which they had previously held or have substantial experience. It is understood the employee will be given 2 weeks notice prior a period of up to reduction/layoff or five (5) working days to demonstrate their ability to do the job. It is clearly understood this is a proving period, to apply theoretical and practical knowledge. However, the applicant will be paid wages through this two-week periodshown the required procedures peculiar to the classification. The union successful employee who exercises seniority in this manner will also not be supplied with 2 weeks notice entitled to bid for another vacancy for a period of impending reduction/layoffsix (6) months. In reduction/layoff When an employee does not possess adequate seniority to bump into a classification held previously or has not had substantial experience in any that classification, such employees may exercise their seniority to displace the lowest seniority employee. The employee will be given a period of up to five (5) working days to demonstrate their ability to do the job. It is clearly understood this is a proving period, to apply theoretical and practical knowledge. However, the applicant will be shown the required procedures peculiar to the classification. The successful employee will be given the opportunity to acquire the necessary qualifications (i.e. licenses and certifications) within a reasonable timeframe as established by the Employer (save and except trade papers, diplomas and approvals). Employees who exercise seniority in this manner will not be entitled to bid for another vacancy for a period of twelve (12) months. (a) All probationary employees shall be laid off first. In cases where further reduction/layoffs before any employees with seniority are necessary the employee(slaid off. (b) with the least department seniority in the classification to Thereafter, employees will be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices or transferred in inverse order of a given classification shall be considered seniority. (c) Employees transferred at their request as a single classification. For reduction/layoff purposes a Journeyman’s seniority result of reduction in staff shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment replace employees with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursless seniority.

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

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

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

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

Layoff. Employees will Whenever a reduction in workforce is necessary, the Employer shall first determine the site, classification and number of positions to be given 2 weeks affected. The then issue notice of lay-off to the employees in the affected classifications with the least site seniority, hereinafter referred to as the “surplus employee”. requirements of that job. Where an employee has been declared surplus under paragraph (a), the Employer shall: identify three (3) existing vacancies for the surplus employee to fill which: are within the same branch( or municipality if the branch is so sub-divided) as the surplus employee; at which the regular hourly wage rate, prior to reduction/layoff the accrual of any applicable merit increases, are the same as, or will be paid wages through this twoclosest to, that of the surplus employee; and at which the number of regular hours of work per week are the same as, or close to, that of the surplus employee. Where the Employer has identified three (3) vacancies, the surplus employee may choose between those vacancies. Where only two (2) vacancies exist in an employee’s branch (or municipality if the branch is so sub-divided) the Employer shall also identify one employee in accordance with paragraph and the employee may choose to accept one of the two vacancies or to displace the employee identified by the Employer in accordance with paragraph Where only one vacancy exists in an employee’s branch (or municipality if the branch is so sub- divided) the Employer shall also two (2) employees in accordance with paragraph and the employee may choose to accept the vacancy or to displace one of the two employees identified by the Employer in accordance with paragraph the Where an employee has been declared surplus under paragraph (a) and the Employer is unable to identify at least one vacancy meeting the requirements of paragraph Employer shall, for the purpose of allowing the surplus employee to exercise seniority rights, identify the three (3) employees with the least general seniority: whose branch (or municipality if the branch is so sub-divided) is the same as the surplus employee; whose regular hourly wage rate, prior to the accrual of any applicable merit increase, are the same as, or closest to that of the surplus employee; whose number of regular hours of work per week periodare the same as, or close to, that of the surplus employee. The union will also be supplied with 2 weeks notice employee displaced as a result of impending reduction/layoff. In reduction/layoff in any classification, probationary employees the exercise of rights under paragraph by a surplus employee shall be laid off firstoff. In cases where further reduction/layoffs are necessary When occur, the employee(s) with the least department seniority in the classification to be reduced/laid off Union shall be deemed to have the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursgreatest site seniority.

Layoff. Employees will The NTPS shall further notify the Board and Association, in writing, not less than seven (7) business days before he/she initiates a request for nullification or limitation of his/her certificates, endorsements, licenses, or approval. In the event of necessary layoff due to a decreased student enrollment or shortage of revenue, changes, revisions, or elimination in programs the order of reduction shall be 1. In the event it becomes necessary to reduce the number of NTPSs through layoff of employment, or to reduce the number of NTPSs in a given subject area, field, or program, or eliminate or consolidate position(s), the Board shall determine the order of layoff provided, however, such action shall not be contrary to this Section A. The Board shall endeavor to give forty-five (45) calendar days' notice of layoff to the individual involved, and in any event, thirty (30) calendar days' notice shall be given 2 weeks notice prior in all cases. 2. It is further agreed that any layoff pursuant to reductionthis Article shall automatically terminate the individual employment contract of all laid off a NTPSs and shall suspend for the duration of the layoff, the Board's obligation to pay salary or fringe benefits and any laid off NTPS’s individual or supplemental employment contract as well as all benefits under this collective bargaining agreement, except that any NTPS on layoff pursuant to this Article shall have their hospital and dental insurance extended for three (3) months. 3. Any NTPS on layoff shall be recalled in inverse order of layoff provided he/layoff or will she is certified and qualified for the vacancy. No new NTPS shall be paid wages through this twoemployed by the Board while there are NTPSs of the District who are laid off unless there are no laid off NTPSs with proper certification and qualifications to fill any non-week periodteaching vacancy which may arise. 4. The union will also be supplied with 2 weeks Board shall give written notice of impending reductionrecall from layoff by sending a certified letter to said NTPS at his/layoffher last known address. In reduction/layoff in any classification, probationary employees shall be laid off first. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority in the classification to be reduced/laid off It shall be the one responsibility of each NTPS to notify the Board of any change in address. The NTPS’s address as it appears on the Board's records shall be reduced/laid offconclusive when used in connection with layoffs, recall, or other notice to the NTPS. For reduction/layoff purposes apprentices If a NTPS fails to report as being available to work ten (10) calendar days from date of a given classification sending of the recall, unless an extension is granted in writing by the Board, said NTPS shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority voluntary quit and shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise thereby terminate his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which individual employment contract and any other employment relationship with the reduction/lay off/bump occursBoard. 5. A laid off NTPS shall, upon application, be granted priority status on the District substitute teaching list, such priority to be determined according to seniority.

Layoff. Employees The District will adhere to Education Code requirements relating to lay-off and will give notice to the Association when it intends to implement Article 19. The parties to this agreement shall meet to confer, mediate, and negotiate the effects of any lay-off or reduction. Layoff procedures and reemployment rights shall be in accordance with applicable law as set forth in Ed Code 45117. No later than March 15, the district will provide written notice to the employee stating that it has been recommended that the notice be given 2 weeks notice prior to reduction/layoff or the employee that the employee’s services will not be paid wages through this two-week periodrequired for the ensuing year. The union notice shall also state the reasons as lack of work and/or lack of funds that the employee’s services will also not be supplied with 2 weeks required for the ensuing year, and inform the employee of the employee’s displacement rights if any, and reemployment rights. Procedures for layoff notice and right to hearing as set forth in Ed Code section 45117. When classified positions must be eliminated as a result of impending reduction/layoff. In reduction/layoff in any classificationthe expiration of a specially funded program, probationary the employees shall be laid off first. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority in the classification to be reduced/laid off shall be given written notice not less than sixty (60) days prior to the one effective date of their layoff informing them of their layoff date and their displacement rights, if any, and reemployment rights. Layoffs may also be commenced in accordance with Education Code section 45117(d). Classified employees shall be subject to be reducedlayoff for lack of work or lack of funds, as determined by the Board of Trustees. CSEA retains the right to negotiate the effects of layoff and the decision and effects of any proposed reductions in work hours/laid offassignments on unit members. For reduction/layoff purposes apprentices In the event of a given classification layoff, the order of layoff within the class shall be considered determined by length of service. Employees may exercise bumping rights as a single classificationspecified in this article. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/Employees who have been laid off may within 5 days after notice are eligible for a period of reduction/layoff exercise his department seniority thirty-nine (39) months and shall be reemployed in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoffpreference to new applicants. (Education Code Section 45298). 1. Should the employee not be able District plan to bump into eliminate a journeyman position within his departmentor reduce an employee’s hours, he the District shall be able give the CSEA Chapter #108 President and the designated CSEA Labor Relations Representative written notice and an opportunity to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at negotiate the date proposed changes. 2. Upon receipt of the reduction/layoffDistrict’s written notice, the Association shall provide the District’s Assistant Superintendent of Human Resources with a “Demand to Bargain” letter. HoweverOnce the demand letter is received, an employee will not be allowed both parties shall make themselves available to exercise his service area seniority meet and negotiate in good faith. Neither party shall impede the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursprocess by unreasonably delaying negotiations.

Layoff. Employees will In the event it becomes necessary through layoff to reduce the number of ancillary staff, the proposed reductions shall be given 2 weeks notice discussed with the Association prior to reduction/layoff or will be paid wages through this two-week periodimplementation. 1. The union will also be supplied with 2 weeks notice Board shall lay off ancillary staff in reverse order of impending reduction/layoffseniority based solely on District staffing needs in areas of qualification (see Article 9.B & C) and employee’s next school year’s assignments. The next school year assignment is defined as 50% of the ancillary staff present assignment, as on record in Human Resources. In reduction/layoff addition, when there is a need to reduce in any classificationof the following areas, probationary employees the Board shall be laid lay off firstancillary staff only within the affected job category(ies): School Social Workers, School Nurses, School Psychologists, Occupational Therapists, Physical Therapists, and Speech Therapists (or any other ancillary staff). 2. In cases where further reduction/layoffs are necessary Any layoff of an ancillary staff shall automatically terminate the employee(s) with the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice individual's employment contract and all journeyman classification of that departmentBoard-paid benefits allowed therein. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should Provided the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise pays his/her service area seniority share of July and August premiums, the Board shall continue to pay its portion of insurance benefits through August 31 on behalf of a laid off employee who has worked the whole school year. Upon recall, whether to a permanent or temporary assignment, the individual's employment contract and all benefits under this Agreement shall be reinstated in another department full. 3. The Board shall give no less than thirty (30) calendar days' notice before the start of the school year or the start of the 2nd semester to the ancillary staff being laid off. 4. In conjunction with Article 20.A, it is intended that this Article takes precedence over and governs the individual contract, and the individual contract is expressly conditioned upon this Article. 5. Seniority shall continue to accrue through layoff subject only to the limitations set forth in Article 10. 6. Any ancillary staff who collects unemployment compensation during the summer months (Michigan Unemployment Insurance Agency’s summer denial period) and who is recalled before the start of his/her normal work year so that he/she must have exhausted his/her department seniority suffers no actual loss of district compensation shall be obligated to reimburse the District the amount of unemployment compensation paid, upon the written request of the District. In this case, the ancillary staff shall be offered the choice of repayment by either payroll deduction of the appropriate amount in journeyman classifications from which equal payments over the reduction/lay off/bump occursentire school year or direct payment to the district by September 30.

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

Layoff. Employees will A. When it is necessary to reduce administrative positions for either economic reasons or declining enrollment, the following steps shall be given 2 weeks notice prior to reduction/layoff or will be paid wages through this two-week periodtaken: 1. The union will also be supplied with 2 weeks Board shall follow State law as set forth in Public Act 183 regarding the layoff of administrators. The Board shall give written notice of impending reductionrecall from layoff by sending a registered or certified letter or telegram to said administrator at his/layoffher last known address. In reduction/layoff in any classification, probationary employees The administrator's address as it appears on the Board's records shall be laid off firstconclusive when used in connection with layoffs, recall, or other notice to the administrator. In cases where further reduction/layoffs are necessary If an administrator fails to respond within thirteen (13) days from the employee(s) with date of mailing of the least department seniority recall, unless an extension is granted, in writing, by the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification Board, said administrator shall be considered to have voluntarily resigned and the administrator's employment contract and any other employment relationship with the Board shall be deemed terminated. Each administrator is responsible for keeping the employer advised, in writing, of any change of address and will not be excused for failure to report to work or recall if he/she fails to receive notice because of his/her own failure to advise the employer, in writing, of his/her change of address. Administrators laid off through the procedure as stated shall be maintained on a single classificationrecall list until they refuse an opportunity to return to a position for which they are certified and qualified. 2. For reductionIf an administrator is relieved of his/layoff purposes her duties because of reduction in staff or abolishment of position, and an administrative position is not available, he/she will be offered a Journeyman’s teaching position for which he/she is certified to teach, with full seniority shall include all time served credit given for length of service with the District as an apprentice and all journeyman classification administrator and/or teacher, if the administrator has previously been a teacher inthe District. B. Administrators who have had prior years of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not teaching experience inthe District will be able to bump into a journeyman position within his department, he shall use all their years of experience in the District if they return to the Bargaining unit and be able to exercise his service area placed on the seniority listwith all years credited. C. Administrators who have not had prior teaching experience in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee Bargaining unit will not be allowed to exercise his service area credit their years of administrative experience on the teacher seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occurslist.

Layoff. Employees will ‌ A. When it is necessary to reduce administrative positions for either economic reasons or declining enrollment, the following steps shall be given 2 weeks notice prior to reduction/layoff or will be paid wages through this two-week periodtaken: 1. The union will also be supplied with 2 weeks Board shall follow State law as set forth in Public Act 183 regarding the layoff of administrators. The Board shall give written notice of impending reductionrecall from layoff by sending a registered or certified letter or telegram to said administrator at his/layoffher last known address. In reduction/layoff in any classification, probationary employees The administrator's address as it appears on the Board's records shall be laid off firstconclusive when used in connection with layoffs, recall, or other notice to the administrator. In cases where further reduction/layoffs are necessary If an administrator fails to respond within thirteen (13) days from the employee(s) with date of mailing of the least department seniority recall, unless an extension is granted, in writing, by the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification Board, said administrator shall be considered to have voluntarily resigned and the administrator's employment contract and any other employment relationship with the Board shall be deemed terminated. Each administrator is responsible for keeping the employer advised, in writing, of any change of address and will not be excused for failure to report to work or recall if he/she fails to receive notice because of his/her own failure to advise the employer, in writing, of his/her change of address. Administrators laid off through the procedure as stated shall be maintained on a single classificationrecall list until they refuse an opportunity to return to a position for which they are certified and qualified. 2. For reductionIf an administrator is relieved of his/layoff purposes her duties because of reduction in staff or abolishment of position, and an administrative position is not available, he/she will be offered a Journeyman’s teaching position for which he/she is certified to teach, with full seniority shall include all time served credit given for length of service with the District as an apprentice and all journeyman classification administrator and/or teacher, if the administrator has previously been a teacher in the District. B. Administrators who have had prior years of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority teaching experience in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not District will be able to bump into a journeyman position within his department, he shall use all their years of experience in the District if they return to the Bargaining unit and be able to exercise his service area placed on the seniority listwith all years credited. C. Administrators who have not had prior teaching experience in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee Bargaining unit will not be allowed to exercise his service area credit their years of administrative experience on the teacher seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occurslist.

Layoff. Employees will In the event it becomes necessary through layoff to reduce the number of ancillary staff, the proposed reductions shall be given 2 weeks notice discussed with the Association prior to reduction/layoff or will be paid wages through this two-week periodimplementation. 1. The union will also be supplied with 2 weeks notice Board shall lay off ancillary staff in reverse order of impending reduction/layoffseniority based solely on District staffing needs in areas of qualification (see Article 9.B & C) and employee’s next school year’s assignments. The next school year assignment is defined as 50% of the ancillary staff present assignment, as on record in Human Resources. In reduction/layoff addition, when there is a need to reduce in any classificationof the following areas, probationary employees the Board shall lay off ancillary staff only within the affected job category(ies): School Social Workers, School Nurses, School Psychologists, Occupational Therapists, Physical Therapists, and Speech Therapists (or any other ancillary staff). 2. Any layoff of an ancillary staff shall automatically terminate the individual's employment contract and all Board-paid benefits allowed therein. Provided the employee pays their share of July and August premiums, the Board shall continue to pay its portion of insurance benefits through August 31 on behalf of a laid off employee who has worked the whole school year. Upon recall, whether to a permanent or temporary assignment, the individual's employment contract and all benefits under this Agreement shall be reinstated in full. 3. The Board shall give no less than thirty (30) calendar days' notice before the start of the school year or the start of the 2nd semester to the ancillary staff being laid off firstoff. 4. In cases where further reduction/layoffs are necessary conjunction with Article 20.A, it is intended that this Article takes precedence over and governs the employee(sindividual contract, and the individual contract is expressly conditioned upon this Article. 5. Seniority shall continue to accrue through layoff subject only to the limitations set forth in Article 10. 6. Any ancillary staff who collects unemployment compensation during the summer months (Michigan Unemployment Insurance Agency’s summer denial period) with and who is recalled before the least department seniority in the classification to be reduced/laid off start of their normal work year so that they suffers no actual loss of district compensation shall be obligated to reimburse the one to be reduced/laid offDistrict the amount of unemployment compensation paid, upon the written request of the District. For reduction/layoff purposes apprentices of a given classification In this case, the ancillary staff shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification offered the choice of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date repayment by either payroll deduction of the reduction/layoff. Should appropriate amount in equal payments over the employee not be able entire school year or direct payment to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursdistrict by September 30.

Layoff. Employees will be given 2 weeks If and when a reduction or reorganization in the workforce is necessary, following at least thirty (30) calendar days’ notice, for fiscal necessity based layoffs inclusive of opportunity for the Group Review Committee to respond and sixty (60) calendar days’ notice prior to reduction/for reorganization based layoffs, layoff or will be paid wages shall occur through this two-week perioddeletion of Professional Staff position(s) as determined by the Employer. The union will also be supplied with 2 weeks Within seven (7) calendar days of the receipt of official written notice of impending reduction/layoff. In reduction/layoff due to a reduction or reorganization in any classificationthe workforce, probationary employees a university funded employee shall be laid off first. In cases where further reduction/layoffs specifically permitted to submit, in writing, application for and then receive good faith review of up to five (5) continuing positions whose incumbents are necessary the employee(s) with university funded and hold the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman same generic position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/the laid offoff employee holds greater seniority. Employees who have completed three full years of service in (a) the same grant-funded position; or (b) different associated-represented positions under the same grant funding source, unless he is forced are eligible to exercise his participate in the bumping process outlined herein. Employees who have not completed three full years of service area seniority as outlined above do not have bumping rights, regardless of the length of other university funded employment. The Employer shall consider all requests to bump in order of seniority service of the applicant. The Employer shall determine whether the applicant is qualified to retain his employment with bump the companyleast senior employee in the positions applied for. Such If the Employer determines that the applicant is not qualified to bump in that position, the Employer shall determine whether the applicant is qualified to bump the next least senior employee while continuing in the positions applied for. This process shall continue until the applicant is deemed qualified for a bump or all five (5) positions have been considered. If the displaced employee is determined to retain and accumulate his service area seniority hold the qualifications for the position reviewed, the employee shall be entitled permitted to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority rights to displace an employee with less seniority in another department the generic job classification for which the employee currently holds seniority or for which the employee holds seniority service credit accumulation, in the job classification from which a position was held immediately prior to the current job classification from which the employee is being laid off. Displacement is potentially available only for and within the following two (2) groupings: a. Assistant Director, Administrative Assistant I, Assistant to Xxxx, Assistant to Director, Assistant to Chair, Assistant to Sponsored Chair, Program or Function Coordinator or Manager. b. Professional Service Librarian (excluding Head Librarian) professional specialists within the specific specialty area. The Employer retains its right to determine whether an employee possesses the qualifications to fill the position into which he/she must have exhausted his/her department seniority seeks to bump. Qualification determination shall be based upon the qualifications set out by the position description, as may be amended from time to time, as matched with the bumping applicant's qualifications and performance record. Consideration of performance as negatively affecting qualifications herein, shall be restricted to a formal performance record that is officially, and in journeyman classifications from which the reduction/lay off/bump occurs.writing, less than satisfactory overall or a performance record evidencing active disciplinary status. Within seven

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

Layoff. Before laying off an employee, the College will attempt to place the faculty member in any open annually contracted position in the bargaining unit for which the employee is qualified. An employee transferred under this provision shall have no further recall rights under this Article. However, should the position be reinstated, the College will allow the individual to transfer back to the original position after all laid­off employees eligible for that position have rejected recall rights. Employees will shall be given 2 weeks notice prior notified by the College about the proposed layoff. Affected employees may submit alternative proposals to reduction/layoff or will be paid wages through this two-week periodthe Vice President of Instruction and Student Services. 1. The union will also be supplied with 2 weeks notice selection of impending reduction/layoff. In reduction/layoff in any classification, probationary employees shall to be laid off first. In cases where further reduction/layoffs are necessary pursuant to the employee(sreduction in force shall be made from among the employees within the RIF Grid Unit(s) affected by the reduction in force and shall be made consistent with the least department seniority educational priorities of such unit(s). Whenever possible, reduction in force shall be applied so as to protect full­time positions. 2. The order in which employees within the classification to be reduced/affected unit(s) are laid off shall be take place as follows: a. First, from among the one less than half­time faculty in the affected RIF Grid Unit(s) before the half­time or more faculty are laid off; b. Then, from among half­time or more faculty, temporary faculty in the affected RIF Grid Unit(s) are to be reduced/laid off before the probationary and regular faculty are laid off; c. Lastly, from among the half­time or more probationary faculty in the affected RIF Grid Units before the half­time or more regular faculty are laid off. 3. For reduction/The order of layoff purposes apprentices of a given classification within each category listed in Subsection 2 above, except non­bargaining unit faculty members, shall be considered by inverse order of length of continuous service from the first employment date recorded in the faculty member’s first annual probationary contract (seniority). The order of layoff is subject to the requirement that faculty remaining within each affected unit have the qualifications necessary to teach the remaining courses and/or perform the remaining duties. a. Persons who remain outside the bargaining unit for more than twenty­four (24) consecutive months shall relinquish all seniority rights and shall be terminated from the faculty bargaining unit. b. An authorized leave of absence or layoff for up to two (2) years with or without salary shall not be deemed an interruption of continuous service for the purpose of continued accumulation of seniority. 4. In the event a decision is to be made between two (2) faculty who are equal in seniority, the decision of who shall be retained shall be made on the following basis: a. Earliest date of first payroll check as a single classificationfaculty member with the College in either a full­ or part­time capacity. b. If the affected faculty remain tied in seniority after applying subparagraph a., then the decision shall be made by lot. 5. For reduction/layoff purposes a Journeyman’s seniority RIF Grid Units recognized for the purpose of implementing reduction in force shall include all time served courses and/or activities grouped as an apprentice follows: a. Skills Development and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occurs.Early College Options b. Library

Layoff. Employees Prior to formal consideration of reduction in force by the Board, EEA will be given 2 weeks written notification of reasons RIF is necessary and programs being considered for impact. EEA shall be given reasonable opportunity to give written input to the superintendent or designated representative on these recommendations. The reasons for RIF shall not be grievable. When the Board has formally considered a reduction in force, it will immediately notify the Association. Such notice prior to reduction/layoff or will be paid wages through this twoin writing and will indicate the programs that may be affected. Employees within the affected program(s) shall be considered for retention or recall on the basis of seniority and cultural or linguistic expertise, as currently set forth in ORS 342.934, within areas of TSPC or non-week periodTSPC certification. Bargaining Unit Members shall not have a contractual right to “bump” or to be recalled into positions requiring certification in areas in which the bargaining unit member has not taught in the District within the previous five (5) years, or educational attainments or both, but not based solely on licensure. The union will also be supplied with 2 weeks notice District may, at its discretion, consider a bargaining unit member’s willingness to undergo additional training or pursue additional education in deciding upon questions of impending reduction/layoffcompetence. In reduction/layoff in any classification, probationary employees shall Employees to be laid off firstand the Association shall be provided notice at least sixty (60) days in advance, except when the layoff is a result of loss of or failure to obtain financial resources. Before making any layoff decision related to bargaining unit member staff, the District shall make every reasonable effort to: 1. Transfer bargaining unit members of eliminated or adjusted classes to other bargaining unit positions for which the bargaining unit members are licensed and qualified. 2. Combine bargaining unit member positions in a manner that allows bargaining unit members to remain qualified so long as the combined positions meet the curriculum needs of the District. 3. Maintain the proportion of bargaining unit members with cultural or linguistic expertise compared to bargaining unit members without cultural or linguistic expertise. Seniority shall be defined as the employee’s total length of service since the last date of hire. Any bargaining unit member who is to be laid off will be so notified in writing as soon as practically possible. Such notice will include the proposed time schedule and the reasons for the proposed action. When two or more bargaining unit members have equal seniority within a certification area, layoff shall be determined by date of hire. Date of hire means the first day of actual service as bargaining unit members with the school District. In cases where further reduction/the event of ties, layoffs are necessary the employee(s) with the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid offdetermined by lot. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off The District may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job require bargaining unit members who are sufficient retained hold proper licenses or other credentialing at the date time of the reduction/layoff. Should the employee not be able layoff to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only from the date of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occursfill remaining positions.

Layoff. Employees 11.1 When it becomes necessary to reduce the number of employees in a job classification due to abolishment of a position, lack of funds, or lack of work, the layoff will be given 2 weeks notice prior to reduction/made under the procedure of this Article. 11.2 The number of people affected by a layoff or will be paid wages through this two-week periodkept to a minimum by not employing replacements insofar as practical if employees resign, retire, or otherwise vacate a position. The employment of replacements for some positions may be necessary, however, in the event that employees in the system do not possess the necessary licenses or qualifications for a position that needs to be filled. 11.3 For purposes of this article, all bargaining union members shall be placed in one of the following classifications based on their current assignment at the start of each school year: 11.4 Seniority shall be defined as the length of service with the Board of Education in a particular job classification computed from the latest date of appointment to their present classification. Employees serving with “tenure” will also be supplied placed at the top of the list in descending order of seniority. Employees serving their probationary period will be placed on the list by seniority under the employees with 2 weeks notice of impending reduction/layoff. In reduction/layoff “tenure.” Whenever it becomes necessary to lay-off employees in any classificationa classification by reason as stated in 11.1, probationary employees the least senior employee in the classification shall be laid off first. In cases where further reduction/layoffs . A. Board-approved leaves of absence will not interrupt seniority, but time spent on such leave shall not count towards seniority. B. If two (2) or more employees have same length of continuous service, seniority will be determined by: (i) The date of the Board meeting at which time the employee was hired; or (ii) If the employees were hired on the same date, then the employee first listed on the order of hire, as reflected in the Board minutes shall have more seniority than the employee next listed and so on. 11.5 Prior to any anticipated layoff, the superintendent shall advise the Union president as to why the layoff is deemed necessary and discuss the impact of contemplated layoff, what classifications are necessary to be included, the employee(s) extent of the anticipated layoff, and will provide the Union at the time with a list of the least department seniority employees in the classification to and the seniority of each employee so listed. 11.6 An employee affected by a layoff will be reduced/notified no less than thirty (30) days before the effective date of layoff. 11.7 Any employee affected by such reduction may displace a less senior employee within the same classification or a less senior employee within a previously held classification, as long as the employee meets the District’s mandate job qualifications. If an employee bumps into a previously-held classification, the employee shall be placed on the step that equals the total number of years of service. 11.8 Employees who are laid off shall be placed on a restoration list and shall have the one to be reduced/right of restoration in the order of seniority of service in the District, if and when, positions become vacant or are created for which any of such employees are qualified. Probationary employees laid off. For reduction/layoff purposes apprentices off during the term of a given classification their probationary period shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all required, upon restoration, to complete the remaining time served as an apprentice and all journeyman classification of that department. An employee so reduced/their probationary period. 11.9 Restoration rights for employees laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at shall commence upon the effective date of the reduction/layofflayoff and shall continue through the next twenty-four (24) months. 11.10 Employees on the restoration list shall have the obligation to notify the superintendent/ designee of their current mailing address. Should the employee not be able to bump into a journeyman position within his department, he Notice of restoration shall be able sent to exercise his service area seniority in any classificationthe employee’s last known address regular mail with a certificate of mailing. Notice is complete upon proof of mailing. The employee shall notify the superintendent/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only designee within twenty-one (21) calendar days from the date of transfermailing of the availability for such position. Note: Before Failure of such notice by the employee within this time period is deemed to be a waiver of such employee’s rights of restoration under this policy. 11.11 Should the 2003-04 transportation supervisor return to the bargaining unit as a bus driver, she shall return to the bargaining unit with 11 years seniority and be afforded the same rights all bus drivers have as per the contract. However, it is clearly understood that a transportation supervisor, in the case of an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which emergency or the reduction/lay off/bump occursinability to find a substitute can drive a bus.

Layoff. Employees will be given 2 weeks notice prior a. When it becomes necessary to reduction/layoff lay off an employee or will be paid wages through this two-week period. The union will also be supplied with 2 weeks notice a number of impending reduction/layoff. In reduction/layoff in any classificationemployees, probationary the employee or employees shall be laid off first. In cases where further reduction/layoffs are necessary the employee(s) with the least department seniority in the classification to be reduced/laid off shall be determined on the one basis of seniority within their job classification. An employee to be laid off shall be notified in writing at least ten (10) working days prior to the effective date of layoff with the reasons for the layoff stated. b. Assignment of paraprofessionals is done by June 30. If an instructional assistant is assigned to an individual student and that individual student moves or has an IEP that expires the district may exercise its discretion to retain a less senior assistant assigned to an individual student based upon that employee’s possession of a special skill: for example: signing ability, braille ability, specialized medical training to minister to the student’s specialized medical needs or a special bond with the student. 11.2 Employees laid off under this article shall retain their rights to recall for a period of twelve (12) months following such layoff. Employees will be notified in writing of recall to an available position via certified mail. Employees who fail to respond within ten (10) days of receipt shall be deemed to have refused recall and will forfeit any recall rights and accrued benefits. An employee may, however, refuse a position that is less contracted time than the position from which the employee was reduced/laid off. For reduction/layoff purposes apprentices of a given classification In this instance there shall be considered as no penalty. Employees shall maintain a single current address on file in the central office. 11.3 Employees shall be recalled in the reverse order of layoff. In the event a position becomes available in a job classification represented by the Association and there is no one on layoff from that classification, then the position shall be offered to the Association member on layoff who qualifies for that position and based upon seniority. 11.4 The seniority of each employee covered by this Agreement shall be computed using the employees’ last hiring date. For reduction/layoff purposes a Journeyman’s seniority Transferred employees shall include all time served as an apprentice and all journeyman classification maintain their last date of that departmentcontinuous service from any previous school within the supervisory union. An employee so reducedshall lose all seniority and his/laid off may her seniority shall cease to accrue upon the occurrence of any of the following events: a. He/she voluntarily terminates his/her employment; b. He/she is discharged for just cause; c. He/she fails to return to work within 5 ten (10) working days after receiving written notice in the form of reductiona certified letter from the Superintendent of being recalled following a layoff. The certified letter shall be with a return receipt requested and the date indicated upon the receipt shall commence the ten (10) day period. In all instances, the employee shall be required to respond to said notice within three (3) working days of its receipt. Extensions to the ten (10) day period may be applied for and may be granted due to unforeseen circumstances; d. He/layoff exercise his department seniority in any journeyman classification in that departmentshe is absent for three (3) consecutive workdays without notice to the supervisor/building principal or Superintendent, provided his qualifications for that particular job are sufficient unless such notice is physically impossible due to extraordinary or extreme illness or accidental occurrence; e. He/she fails to return to work at the date end of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date leave of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid offabsence authorized hereunder, unless he is forced prevented by disabling illness or accident; f. He/she fails to exercise his service area seniority in order return to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in the department to which transferred only work for a period of twelve (12) months from the date of transfer. Note: Before an employee may exercise his/her service area seniority layoff for any reason; provided, however, that such period may be extended by agreement between the Association and the Board in another department he/she must have exhausted histhe event that the employee’s failure to return shall be caused by illness or accidental occurrence; g. His/her department retirement. 11.5 The seniority in journeyman classifications of employees who switch from which one job classification to another will transfer directly into their new classification. The Superintendent will provide a yearly seniority and wage list to the reduction/lay off/bump occursAssociation by October 1.

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

Layoff. Employees XX.1. Layoff is defined as a partial or total reduction in normal teaching time. These provisions apply to tenured and term-contract faculty members only. The normal teaching time for each tenured part-time faculty has been determined by mutual agreement between XXXXX and MFT and is set as of June 30, 1992. In the event of a financial exigency, discontinuance or curtailment of academic program or decreasing enrollment at XXXXX wherein prudent management would dictate that there be a layoff of one or more tenured faculty members, layoffs may occur. Such layoffs may be appealed through the grievance procedure. XX.2. In the event the Administration determines that reduction in faculty members will be required, it will take place in the following manner: a. An administration-faculty committee consisting of three (3) Administration members and three (3) Faculty members appointed by the MFT shall immediately be convened by the Administration to oversee the layoff process. b. If and when a tenured faculty member is threatened with layoff, such tenured faculty member, at the discretion of XXXXX will be offered the option of performing work other than teaching where there is a vacancy or a proposed vacancy when XXXXX can determine said faculty member possesses qualifications for such work. The determination will not be subject to the grievance procedure but will be solely at the discretion of the administration. c. Full-time tenured or term-contract faculty members for whom no classes are still available will have the right to take the class or classes of any other teacher(s) with less seniority provided that the Department Chair or Graduate Program Director and members of the discipline which offers the course approves of her/him teaching the course. Approval will be given 2 weeks notice prior on a course-by-course basis, provided that the following approvals are obtained: (1) approval of the Department Chair or Graduate Program Director; and (2) either (a) if there are at least three (3) full-time faculty members in the discipline, approval by a majority vote thereof or (b) otherwise, approval by a majority vote of the full-time faculty members of the relevant Department. Should the members of the discipline disapprove of a faculty member’s teaching a course, the Academic Vice President/Xxxx(s) and a faculty representative appointed by the MFT shall come to reductionan agreement approving or disapproving of her/layoff or him teaching the course. This agreement shall take precedence over the discipline’s decision. If the Academic Vice President/Xxxx and the faculty representative are unable to reach an agreement the issue will be paid wages through this two-week periodreferred to the President for a final and binding decision. If the faculty member is not approved the discipline and/or the Academic Vice President/Xxxx(s) and the faculty representative must provide written reasons for denying the faculty member the course. The union members of a discipline in this instance are defined as those currently employed faculty members who at any time in the previous three (3) academic years have taught courses offered by that discipline in a non-layoff situation or were hired into the discipline. Discipline is defined to be a branch of knowledge within one of the Departments of the College. When a faculty member takes over a course in a different discipline through the procedure specified above, that the Department through its normal evaluation procedure may evaluate the course. If the faculty member has never taught the specific course before, such evaluation will also be supplied with 2 weeks notice mandatory. If the evaluation warrants it, the members of impending reduction/layoffthe discipline may reconsider the question of approval and may withhold approval for subsequent teaching of the course by that faculty member. In reduction/layoff in any classificationsuch a case, probationary employees the procedure defined above will be repeated. “Members of the discipline” will be defined as above, but will not include the faculty member whose right to teach the course is under consideration. In the event that a full-time faculty member requires credits to fill out his or her schedule, he or she will be entitled to teach no more than two (2) credits of the SAGR600 and SAGR700 Independent Studio Art or Independent Thesis Studio course, so long as he or she is qualified to teach it. d. Faculty members for whom no classes are available shall be laid off firstin inverse order of seniority. In cases where further reductionthis instance, years previously lost toward seniority due to leave of absence or maternity leaves will be counted as years accrued. e. A faculty member who is threatened by layoff and is found qualified to teach the class or classes taught by an administrator has the right to teach those classes to fill out her/layoffs are necessary his teaching load. This provision does not apply to the employee(s) with the least department seniority in the classification to be reduced/Continuing Education Programs. XX.3. A faculty member laid off shall be recalled in the one reverse order of layoff to be reduced/laid offfill any vacancy which occurs or new position which is created according to the same procedure described in number two (2) above and provided further that rights of recall will only exist for two (2) years from the time of layoff. For reduction/layoff purposes apprentices of a given classification shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at It is the date obligation of the reductionfaculty member to inform the Academic Vice President/layoffXxxx of her/his current address. XXXXX will be deemed to have fulfilled its obligation of recall if it informs the faculty member by Certified Mail, Return Receipt to the faculty member’s last known address of all course vacancies. When thus informed, the faculty member is obligated to, within five (5) days of receipt of the notice, present her/his application to teach a particular course(s) to the members of the discipline offering the course(s). The members of the discipline will within five (5) days convene and determine if they approve or disapprove of her/him teaching the course(s). Should the employee not members of the discipline disapprove, the Academic Vice President/Xxxx and a faculty representative, appointed by the MFT, shall come to an agreement approving or disapproving of the faculty member teaching the course(s). This agreement shall take precedence over the discipline’s decision. If the Academic Vice President/Xxxx and the faculty representative are unable to reach an agreement the issue will be able referred to bump into the President for final and binding decision. a. The faculty member must inform the Academic Vice President/Xxxx in writing by email (or letter) sent with a journeyman position receipt confirmation (or by certified mail) to the last known e-mail address (or postal address) of her/his acceptance of the course(s) within ten (10) days of her/his department, he receipt of the offer to teach the course(s) or the faculty member forfeits her/his right to be recalled. The faculty member shall be able permitted to exercise fulfill her/his service area seniority in any classificationcontractual or moral commitment to a position she/departmenthe may be holding before being required to report for service, provided his qualifications for that particular job such period shall extend no longer than the end of the academic year during which the recall takes place. In addition, this does not relieve the faculty member of the requirement to notify the Academic Vice President/Xxxx of the acceptance of the offer within the period and in the manner specified above. XX.4. No faculty member shall teach more than a full schedule while others are sufficient laid off, if such laid off faculty members are willing and found qualified by the Department to teach the additional courses. XX.5. Upon the request of a laid-off faculty member, and to the extent permissible under the appropriate program, XXXXX shall continue all benefits at the date expense of the reductionfaculty member during the period she/he is on the recall list. XX.6. Tenured faculty members whose normal teaching load is half-time or more shall receive a notice of partial or total layoff for the Fall semester before the close of the Spring semester or a notice of partial or total layoff for the Spring semester by the close of the Fall semester. In the event such notice is not given, the faculty member shall receive severance pay in the amount of twenty-five percent (25%) of her/his annual salary or twenty-five percent (25%) of her/his prorated share of her/his annual salary for the portion she/he was laid off in the case of partial layoff. a. In the case of partial layoff of a part-time tenured faculty member, who returns in the following semester with a greater than normal teaching load, the severance pay will be considered a prepayment for the additional hours. XX.7. XXXXX agrees that in utilizing the layoff provision of the Article it will also attempt to effect economies to the extent practicable in every other component of the College. Specific data as to the economies which have been effected will be shared with the faculty. XX.8. Differences arising between the parties from the implementation of subsections 1 through 6 of this Article, with the exception of sections 2.c. and 3.a. (which differences are not subject to arbitration), may be processed through the grievance procedure of the Collective Bargaining Agreement. However, if a dispute concerning subsections 1 through 6, with the exception of sections 2.c and 3.a., is taken to arbitration, the arbitrator shall only determine if these subsections have been violated in an employee will not arbitrary and capricious manner. Differences between the parties arising from the implementation of subsection 7 above shall be allowed to exercise his service area seniority resolved in the department/classification from which he is being reduced/laid offfollowing manner: The Board will exercise its ultimate authority and responsibility as set forth in the Management’s Rights Clause, unless he is forced to exercise his service area seniority in order to retain his employment with Article XVI, only after hearing the companyFaculty position on the matter and the reasons therefore. Such employee while continuing to retain and accumulate his service area seniority presentation of positions shall be entitled made only to accumulate department seniority in the department appropriate Committee of the Board and/or the Board of Managers at the next meeting of the Committee or within thirty-one (31) days after the difference arises, whichever comes first. Notice of intent to which transferred only from request a hearing before the date Committee of transferthe Board shall be made to the President who shall schedule the presentation at the next appropriate meeting. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which The appropriate Committee shall hear the reduction/lay off/bump occurspresentation of the Faculty and the Administration and shall render a final binding decision thereon within thirty (30) days.

Layoff. Employees will be given 2 weeks notice prior Section 26.01 Unless otherwise qualified by this agreement members are subject USNH policies relative to reduction/layoff or will be paid wages through this two-week periodlayoff. The union will also be supplied with 2 weeks notice of impending reduction/layoff. In reduction/layoff in any classificationparties further acknowledge that under Article 31, probationary employees shall be laid off first. In cases where further reduction/layoffs are necessary Management Rights and Article 29, Effect of Section 26.02 Layoff is the employee(s) with the least department seniority in the classification to be reduced/laid off shall be the one to be reduced/laid off. For reduction/layoff purposes apprentices involuntary separation of a given classification staff member from the job, without pay, due to circumstances such as lack of work, seasonal conditions, technological or programmatic change and/or short-term financial difficulty. Layoff is used only when there is reasonable expectation of recall. It is inappropriate to use layoff to address performance problems, or to discipline a member. The period of layoff shall be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that department. An employee so reduced/laid off may within 5 days after notice of reduction/layoff exercise his department seniority in any journeyman classification in that department, provided his qualifications for that particular job are sufficient at not exceed one year from the date of the reduction/layoff. Should the employee not be able to bump into a journeyman position within his department, he shall be able to exercise his service area seniority in any classification/department, provided his qualifications for that particular job are sufficient at the date of the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with the company. Such employee while continuing to retain and accumulate his service area seniority Affected members shall be entitled to accumulate department recall during the period of layoff. If not recalled during the period of layoff, members will be terminated. Section 26.03 In cases where it is known by the Department that the layoff will be permanent, then the Chief will meet with the bargaining unit to discuss the planned layoff and the effects of the decision. Section 26.04 Members shall be selected for layoff on the basis of increasing seniority. Section 26.05 Members who are laid off shall receive at least ninety (90) days’ notice of any layoff. Section 26.06 Members who are laid off shall maintain their positions on the unit seniority roster during the recall period and shall accrue additional unit seniority during that time. If recalled to work within the recall period, the member shall return with the same unit seniority he or she had accrued at the time of the recall. Section 26.07 If hired into any other classification, the member shall return as a new employee and be rehired with a new seniority date. Section 26.08 If an opening develops in the department member’s original classification after he or she had taken another position within the Department, he or she may return to the original classification with no loss of seniority. Section 26.09 The University shall recognize the member’s total length of service as outlined in USNH/UNH policy for fringe benefit purposes if the member is rehired into another classification within the recall period. Section 26.10 Members who are laid off shall notify the Department of any changes in address or phone numbers in order to provide a contact point for recall or notification of vacancies which transferred only from may arise with the date Department during the term of transfer. Note: Before an employee may exercise his/her service area seniority in another department he/she must have exhausted his/her department seniority in journeyman classifications from which the reduction/lay off/bump occurstheir layoff.

Layoff. Employees will be given 2 weeks notice prior to reduction/layoff or will be paid wages through this two-week period. The union will also be supplied with 2 weeks notice In the event of impending reduction/layoff. In reduction/layoff in any classification, probationary employees employees, as defined in Section 9.01 of this Agreement, in the occupational classification and seniority group affected shall be laid off first. In cases where If further reduction/layoffs are necessary within the employee(s) seniority group, such layoffs shall be made by bargaining unit seniority within the occupational classification and seniority group affected; the employee with the least department bargaining unit seniority in the such occupational classification to be reduced/laid off and seniority group shall be the one first to be reduced/laid off. For reduction/layoff purposes apprentices of a given classification shall off and the last to be considered as a single classification. For reduction/layoff purposes a Journeyman’s seniority shall include all time served as an apprentice and all journeyman classification of that departmentrecalled. An employee so reducedsubject to layoff under the forgoing may exercise bumping rights in the following order provided he/laid off may within 5 days after notice of reduction/layoff exercise his department she has greater bargaining unit seniority than the employee being displaced: 1. Displace the employee with the least bargaining unit seniority in any journeyman lower rated occupational classification in his/her seniority group; provided the employee has greater seniority and has previously established seniority in that departmentoccupational classification in his/her seniority group; or displace the employee with the least bargaining unit seniority in an equivalent occupation in his/her present seniority group, provided his qualifications for he/she had established seniority in that particular job are sufficient at the date of the reductionoccupation while in his/layoff. Should her present seniority group; or displace the employee not be able to bump into a journeyman position within his departmentwith the least bargaining unit seniority in an equivalent occupation in any other seniority group in which he/she had established seniority, he shall be able to exercise his service area provided he/she had established seniority in that occupation while in that seniority group. 2. Displace the employee with the least bargaining unit seniority in any classificationlower rated occupational classification in any other seniority group provided he/departmentshe has established seniority in that occupational classification and seniority group. 3. Displace any probationary employee in the bargaining unit, provided his qualifications for that particular job are sufficient at he/she has the date of skill and ability to perform the reduction/layoff. However, an employee will not be allowed to exercise his service area seniority in the department/classification from which he is being reduced/laid off, unless he is forced to exercise his service area seniority in order to retain his employment with work as determined by the company. Such employee while continuing must notify the company in writing of his/her intention to retain and accumulate his service area seniority shall be entitled to accumulate department seniority in exercise bumping rights within forty-eight (48) hours of the department to which transferred only from the date of transfercompany 's layoff notice. Note: Before an An employee so displaced may similarly exercise his/her service area seniority rights to displacing another employee in accordance with the same criteria, it being understood, however, that the initial and resultant "bumps" must occur simultaneously so that there will be no delay in the layoff procedures. No employee may "bump" another department he/she must have exhausted his/her department seniority employee in journeyman classifications from which a higher graded occupational classification. In all cases of layoff, the reduction/lay off/bump occurscompany will give not less than two (2) weeks notice of contemplated layoffs to the employees affected and to the union. Where, however, such notice is not feasible, The Company will notify the employee and the union as promptly as possible and give, in lieu of said notice, two (2) weeks pay, not to exceed eighty (80) hours at the employee's straight time hourly rate.