Common use of Layoff Clause in Contracts

Layoff. ‌ 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, 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. 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 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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. ‌ 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 When 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 determines it is necessary to assure reduce the qualifications of bargaining unit staff, the remaining faculty members meet the needs of the continuing programs, standards following procedures will be developed followed with respect to 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 eliminated. The 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 agreement of opportunity to displace (i.e. “bump”) the college Union/Management committee containing least senior staff member in the process District in a specific position (if any) for which the laid off staff member is certified and measurements used to determine relative job performancequalified. No tenured faculty 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 be laid off instead; provided, however, that the “bumped” staff member shall also be afforded the same “bumping” rights. A staff member who elects not to exercise his/her “bumping” rights may not, following layoff, choose to do so. c. For the purposes of bumping, a part-time ancillary staff member may bump the least senior full or part-time ancillary staff member in a specific position (if probationary faculty members are retained within any) for which the instructional area to teach courses the tenured faculty laid off part time ancillary staff member is qualified qualified. A part-time ancillary staff member may decline a full time bump and capable 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 laid off. Rejection or acceptance of teaching. The selection of one individual rather than another for layoff may be challenged under partial employment will not affect the grievance procedure. Each tenured faculty member ancillary staff member’s right to recall when available. e. Staff members being laid off shall be informed notified in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not less than thirty (30) calendar days before their work is to be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. 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 extinguishedcurtailed. b. If f. Ancillary staff members who have not completed their period of probation with the laid-off faculty member applies for an open position within District at 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 question are substantially equal or above those time of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee and the faculty member, but their layoff shall retain previously-accumulated seniority. Any salary shall be pro-rated recall rights (unless abandoned or forfeited) with the District 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 extinguishedperiod not exceeding two (2) years following their layoff.

Layoff. ‌ Xxxxxx is defined as (a) The Employer will, whenever practicable, keep layoffs to a minimum. In the termination 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 tenured faculty members Employees in connection with layoff and recall and will follow the guidelines for programmatic 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 financial reasons. Within 30 calendar days from the faculty member's formal written notice of layoffjob closure. (c) As a direct result of layoff or attrition no Employees will have their regular workload increased beyond a reasonable level. (d) The Employer will inform an Employee at the commencement of layoff of the available means of accessing job posting information. It will be the responsibility of the Employee to notify the Department of Human Resources should the Employee wish to be considered as an applicant for a position posted in accordance with Article 12 – Job Posting. (e) A return date will be identified on a Record of Employment issued to sessional Employees. (f) An Employee who receives notice of job closure and who currently has a Job Evaluation Questionnaire in the rating or appeals queue, will have their questionnaire moved to the top of the queue to establish a final rating for the Employee's current position. Notwithstanding any outstanding disputes, the Xxxx shall submit a layoff plan to current rating will be used for the local UnionEmployee’s selection in choosing one (1) of the options as outlined in Articles 15.05 and 15.06. The Union shall have 30 calendar days to review Employee may reselect if the rating is changed as per Article 15.08(a). (g) In some instances, YusApuY and comment upon the plan, during which time its representatives Employer may meet with the Xxxx at a mutually-agreed upon time and place. The Xxxx may revise the plan after the period Employee affected by layoff to consider advance priority placement prior to receipt 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, 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. 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 extinguishedformal notice. b. If the laid-off faculty member applies for an 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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. ‌ Xxxxxx is defined as the termination (1) Layoff 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 regular employees 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 less than three years' service seniority shall be in reverse order of seniority, unless differences exist seniority within a classification and within ministry seniority blocks as specified in relative level of job performance. When Appendix 7—Seniority Blocks. (i) A regular employee designated for layoff may opt to use Clause 13.4(c)(2)(i) and (ii) providing the employee exercising such an exception is necessary to assure option has the qualifications to meet the requirements of the remaining faculty members meet the needs of the continuing programs, standards will be developed by job. (ii) If there are no vacancies available an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained employee promoted from another position within the instructional area same seniority block may opt to teach courses displace the tenured faculty member 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 capable able to perform the job after a period of teachingfamiliarization. (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. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off This option shall be informed 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 writing by November 1 of the final academic year of employment. For two academic years from the date of (i). (3) Upon layoff, a tenured faculty member retains regular employee will have the following rights: a. The position option of displacing the most senior auxiliary employee in the ministry, within the same seniority block and going onto auxiliary recall lists within the ministry within the geographic boundaries 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. 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 extinguishedseniority block. b. If (4) A regular employee who chooses to go onto the laid-off faculty member applies for an 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 question are substantially equal or above those of other applicants. If hired auxiliary recall list pursuant to this subsectionsection, 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 Clauses 15.3 and 15.4 of the Master Agreement, the previously laid-off faculty member shall not retain tenure except vacation scheduling provisions of component agreements and notice of layoff as specified in (b) below. Where an employee loses regular status by mutual agreement between the President or designee and the faculty memberfailing to maintain 1200 hours in 26 pay periods as referenced above, but shall retain previously-accumulated seniority. Any salary their previous regular service seniority shall be credited as auxiliary seniority 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 less than full-time employment. Once such an offer partial years). (5) Notwithstanding (1), (2) and (3) above, regular employees to be retained shall be qualified and able to perform the work which is available after a period of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedfamiliarization.

Layoff. ‌ Xxxxxx is defined as (a) The period of layoff will be up to 24 months immediately following the termination 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 the layoff in accordance with Article 22 to the end of tenured faculty members for programmatic or financial reasonsthe 2nd pay period following the pay period in which the date of layoff occurred. Within 30 calendar days from Subject to coverage being available in the faculty member's written notice of layoffmarketplace, the Xxxx shall submit a layoff plan Employee may continue to participate in some or all of those benefit plans for 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 balance of 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 layoff provided that they pay 100% of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be premiums authorized in reverse order of seniorityadvance, unless differences exist in relative level of job performance. When an exception is necessary to assure for 6 month intervals renewable through the qualifications period of the remaining faculty members meet layoff. (d) While on layoff, an Employee will be eligible to participate under the needs terms of the continuing programsBursaries for Spouses and Dependents of University Employees and Tuition Assistance for Active Employees, standards for the full academic term (4 months) following the academic term in which the date of layoff occurred. 17.06 Severance Pay (a) An Employee subject to layoff who has not obtained an alternate position with the Employer will be developed by an agreement receive severance pay, calculated as of the college Union/Management committee containing date of layoff and in accordance with Appendix I: i. Upon request of the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed Employee in writing by November 1 of the final academic year of employment. For two academic years from to Human Resources at any time on or after the date of layoff, a tenured faculty member retains it being understood that severance pay shall be paid at the earliest on the first regular pay date following rights:the date of layoff; or 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. The faculty member shall have 30 days in which to accept or declineii. If the offer Employee has not made a request for severance pay, the date that is declined, any further rights under this section are extinguished24 months after the date of layoff. b. If iii. At the laid-off faculty member applies for point of collecting severance, an open position within Employee’s severance pay will be based on either Appendix I or the bargaining unit at any College covered by this agreemententitlement under the Employment Standards Act, and the position 2000, whichever is subsequently filled by the Employergreater. (b) Upon receipt of severance pay, the laid-off faculty member Employee’s employment at the University shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant end. 17.07 Notwithstanding Articles 17.01 to this subsection17.06, the previously laid-off faculty member processes in place on April 30, 2019 shall not retain tenure except by mutual agreement between the President continue to apply with respect to those Employees who received notice of layoff on or designee and the faculty memberbefore September 30, 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 extinguished2019.

Layoff. ‌ Xxxxxx 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 defined as the termination responsibility of tenured faculty members the employee to update their contact information for programmatic or financial reasonsthe purpose of remaining on the reemployment list. Within 30 After three (3) unsuccessful documented attempts by the Employer to contact a former permanent employee for reemployment within a fourteen (14) calendar days day period, the former permanent employee’s name will be removed from the faculty member's written notice reemployment list. Former permanent employees shall be offered reemployment from layoff in order of seniority based on continuous State service date. Former permanent employees will first be offered reemployment in the 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 Xxxx shall submit a 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 offered reemployment from layoff plan to positions within Departments other than the local UnionDepartment from which they were laid off. The Union shall have 30 calendar days to review position offered for reemployment in a different Department must be in the same class or comparable class and comment upon pay grade, or a lower class and pay grade than that held at 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 seniorityformer permanent employee’s separation, unless differences exist in relative level of job performanceprovided they have made application for said position and meet the minimum qualifications. When an exception is necessary a Department intends to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process fill a position and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members there are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of more than one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, 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. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, any further eligible former permanent employees with reemployment rights under this section are extinguished. b. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the EmployerArticle, the laid-off faculty member Department shall be hired into select the position provided former permanent employee who has the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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 highest continuous State 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. ‌ Xxxxxx 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, 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. 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 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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. ‌ Xxxxxx A. Members who are to be laid-off will be notified as soon as possible and in no event will be provided less than fourteen (14) days written notice. The word "layoff" shall 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 defined as to be laid-off in one classification and who has acquired seniority in another classification may bump the termination of tenured faculty members for programmatic or financial reasonsleast senior Member in that classification; and; 4. Within 30 calendar days from the faculty member's written notice of layoffIf more than one Member in a classification is laid-off, the Xxxx affected Members shall submit a layoff plan to the local Unionselect from available positions in accordance with their seniority. 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 following stipulations will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rightsapply: a. The position involves the same or greater number of the laid-off faculty member shall not be filled work hours, unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days in which to Member will accept or decline. If the offer is declined, any further rights under this section are extinguished.less; b. If the The laid-off faculty member applies for an open position within 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 at any College covered by this agreementvacancies in other classifications, and provided they meet the position is subsequently filled by posted qualifications. If a laid- off Member fails to satisfactorily complete the Employerprobationary period in the other classification, the laid-off faculty member Member shall be hired into remain on the position provided the laid-off employee's qualifications layoff list for the job 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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 no event will be pro-rated for provided less than full-time employment. Once such an offer two (2) weeks written notice of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedthe assignment’s ending date.

Layoff. ‌ Xxxxxx is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx Xxxx/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx Xxxx/CEO at a mutually-mutually agreed upon time and place. The Xxxx 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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ Xxxxxx If the Board determines a layoff, in accordance with ORS 342.934, is defined 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 to 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 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 District will make every reasonable effort to combine positions in a manner which allows employees to remain licensed so long 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 combined positions meet the needs of the continuing programsDistrict. 3. In the event that a layoff is necessary, standards will the employees to be developed retained shall be determined by an agreement means of the college Union/Management committee containing following criteria: a) A determination that the process and measurements used employees to determine relative job performance. No tenured faculty member shall 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 if licensed to teach a course being taught by a probationary faculty members are retained 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 instructional 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 teach courses the tenured faculty member is qualified pursue additional training and capable of teachingeducational preparation equivalent to nine (9) credit hours in making a competence determination. The selection nine (9) credit hours are subject to mutual agreement. For purposes of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off this section, Title I, Special Education, and Elementary Specialists (Music, PE, Counseling, Child Development) shall be informed 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 writing 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 November 1 law, but authorized unpaid leaves of the final academic year absence shall not be considered to "break" continuity of employment. For In case two academic years from (2) or more employees have the date of layoffsame seniority with the District, the tie will be resolved by drawing lots. 5. Nothing in this Article shall be construed so as to interfere with the Board's right to dismiss a tenured faculty member retains permanent employee pursuant to the following rights: a. The position provisions of the laidFair Dismissal Law or to dismiss or non-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. 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 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 question are substantially equal or above those of other applicants. If hired renew a probationary employee pursuant to this subsection, the previously 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 extinguishedORS 342.835.

Layoff. ‌ Xxxxxx 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 defined as assigned, cease to attend in the termination District, graduate, are deemed no longer in need of tenured faculty members for programmatic Special Needs Aide/Paraprofessional assistance per the IEP team, or financial reasonsare otherwise unavailable to access such services. Within 30 calendar days from The layoff provisions of the faculty member's written notice Civil Service Law, Revised Code Chapter 124 are modified and expressly superseded with respect to the position of layoffSpecial Needs Aide/Paraprofessional to the extent that if a displaced Special Needs Aide applies to bump the least senior Special Needs Aide/Paraprofessional, the Xxxx shall submit a layoff plan Administration retains the right to make the local Union. The Union shall have 30 calendar days to review and comment reassignment and/or prevent such bumping in the best interests of the disabled student(s) affected based 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 special needs of the continuing programs, standards 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 developed by an agreement given the opportunity to pursue displacement rights which otherwise exist under this contract and/or to fill the next available Special Needs Aide/Paraprofessional position which becomes available and for which they are qualified and compatible based upon the special needs of the college Union/Management committee containing student(s) as described in the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, 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. The faculty member shall have 30 days in which to accept IEP(s) or decline. If the offer is declined, any further rights under this section are extinguished504 accommodation plans. b. If the laid-off faculty member applies for an 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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. ‌ Xxxxxx is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx Xxxx/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx Xxxx/CEO at a mutually-mutually agreed upon time and place. The Xxxx 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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ Xxxxxx is defined as 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 termination sections below. 26.1 Persons laid off because of tenured faculty members lack of work or lack of funds are eligible for programmatic or financial reasonsre-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. Within 30 calendar days from In addition, such persons laid off have the faculty member's written notice of layoff, right to participate in promotional examinations within 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, District 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 thirty-nine (39) months. Employees 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 forward retain eligibility to be considered for re-employment for an additional period of up to twenty-four (24) months; provided that the plan first same tests of fitness under which they qualified for appointment to the President class shall still apply. Employees who take voluntary demotions or designee and then to voluntary reductions in assigned time in lieu of layoff shall be, at the Board of Regents for adoption, amendment or rejection. The decision option of the Employer employee, returned to implement 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 perform work ordinarily performed by the person laid off. 26.3 Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is not grievablelaid off, the order of layoff within the class shall be determined by seniority. Within an instructional area layoff Re-employment shall be in the 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, 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. 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 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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. ‌ Xxxxxx Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx Xxxx/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx Xxxx/CEO at a mutually-mutually agreed upon time and place. The Xxxx 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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ Xxxxxx Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx Xxxx/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx Xxxx/CEO at a mutually-mutually agreed upon time and place. The Xxxx 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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ Xxxxxx If and when a reduction or reorganization in the workforce is defined 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 for reorganization based layoffs, layoff shall occur through deletion of Professional Staff position(s) as determined by the termination of tenured faculty members for programmatic or financial reasonsEmployer. Within 30 seven (7) calendar days from of the faculty member's receipt of official written notice of layofflayoff due to a reduction or reorganization in the workforce, a university funded employee shall be specifically permitted to submit, in writing, application for and then receive good faith review of up to five (5) continuing positions whose incumbents are university funded and hold the least seniority in the same generic position classification from which the laid off 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, are eligible to participate in the bumping process outlined herein. Employees who have not completed three full years of service 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 bump the least senior employee in the positions applied for. If the Employer determines that the applicant is not qualified to bump in that position, the Xxxx Employer shall determine whether the applicant is qualified to bump the next least senior employee 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 hold the qualifications for the position reviewed, the employee shall be permitted to exercise his/her seniority rights to displace an employee with less seniority in 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 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 layoff plan written request for review to the local UnionPosition Review Committee. The Union Position Review Committee shall have 30 issue its recommendation to the Vice President of Human Resources or his/her designee, not later than seven (7) calendar days to review and comment upon after submission by the plan, during which time its representatives may meet with the Xxxx at a mutually-agreed upon time and placeAssociation. The Xxxx may revise Vice President of Human Resources or his/her designee, shall, in good faith consider recommendation(s) made pursuant hereto, prior to final determination. The determination by the plan after Vice President of Human Resources or his/her designee is final and binding on the period issue of comment is over 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 forward review all bumping applicants submitted by the plan first Association to it. It shall be selected as follows: a. Two (2) members are to be selected by the President 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 designee and then to part of the Board of Regents for adoption, amendment or rejectionprobationary period is a non-grievable discretionary decision. The decision of probationary period attendant to a successful bumping applicant or to an employee recalled to a position other than the Employer same position from which laid off (See "Recall", infra) shall be limited to implement layoff performance concerns. In any event, except as expressed and limited by this provision only, infra, dismissal during a probationary period is not grievable. Within A successful bumping shall mandate that the probationary 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/her probationary contract of employment, unless there is, at least, an instructional area layoff 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/her 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 in reverse order of seniority, unless differences exist in relative level of job performancedetermined by Human Resources and the Hiring Manager. When an exception If they are deemed not to be qualified they will receive a written rationale for this determination. This determination is necessary not subject to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under challenge through the grievance procedure. Each tenured faculty member Any laid off Professional Staff Member placed into a vacant position shall be informed serve a six (6) month probationary period in writing by November 1 that position. Except as specified in the provisions of the final academic year of employment. For two academic years from the date of layoffArticle 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 tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not request to be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. 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 considered for an open position within (or positions) will not count towards the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-five (5) positions that a laid off faculty member shall Professional Staff Member may designate as positions that they wish to be hired into the position provided the laid-off employee's qualifications considered for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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 extinguishedconnection with their bumping rights.

Layoff. ‌ Xxxxxx is defined as 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 termination sections below. 26.1 Persons laid off because of tenured faculty members lack of work or lack of funds are eligible for programmatic or financial reasonsre-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. Within 30 calendar days from In addition, such persons laid off have the faculty member's written notice of layoff, right to participate in promotional examinations within 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, District 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 thirty-nine (39) months. Employees 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 forward retain eligibility to be considered for re-employment for an additional period of up to twenty-four (24) months; provided that the plan first same tests of fitness under which they qualified for appointment to the President class shall still apply. Employees who take voluntary demotions or designee and then to voluntary reductions in assigned time in lieu of layoff shall be, at the Board of Regents for adoption, amendment or rejection. The decision option of the Employer employee, returned to implement 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 perform work ordinarily performed by the person laid off. 26.3 Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is not grievablelaid off, the order of layoff within the class shall be determined by seniority. Within an instructional area layoff Re-employment shall be in the 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, 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. 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 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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. ‌ Xxxxxx is defined as the termination a. When it becomes necessary to lay off an employee or a number of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffemployees, the Xxxx shall submit a layoff plan employee or employees 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed determined on the 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 November 1 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. In this instance there shall be no penalty. Employees shall maintain a 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. Transferred employees shall maintain their last date of continuous service from any previous school within the supervisory union. An employee shall lose all seniority and his/her seniority shall cease to accrue upon the occurrence of any of the final academic year 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 ten (10) working days after receiving written notice in the form of employmenta certified letter from the Superintendent of being recalled following a layoff. For two academic years 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/she is absent for three (3) consecutive workdays without notice to the supervisor/building principal or Superintendent, 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 end of a leave of absence authorized hereunder, unless prevented by disabling illness or accident; f. He/she fails to return to work for a period of twelve (12) months from the date of layoffhis/her layoff for any reason; provided, a tenured faculty member retains the following rights: a. The position of the laid-off faculty member shall not however, that such period may be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniority. 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 open position within the bargaining unit at any College covered extended 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member shall not retain tenure except by mutual agreement between the President or designee Association and the faculty member, but shall retain previously-accumulated seniority. Any salary Board in the event that the employee’s failure to return shall be pro-rated for less than full-time employmentcaused by illness or accidental occurrence; g. His/her retirement. 11.5 The seniority of employees who switch from one job classification to another will transfer directly into their new classification. Once such an offer of employment is made The Superintendent will provide a yearly seniority and wage list to a previously laid-off faculty member, all further rights under this subsection are extinguishedthe Association by October 1.

Layoff. ‌ Xxxxxx Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx Xxxx/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx Xxxx/CEO at a mutually-mutually agreed upon time and place. The Xxxx 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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an 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. ‌ Xxxxxx is defined as In the termination event it becomes necessary through layoff to reduce the number of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffancillary staff, the Xxxx proposed reductions shall submit a layoff plan be discussed with the Association prior to the local Unionimplementation. 1. The Union Board 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 lay off ancillary staff in reverse order of seniority, unless differences exist seniority based solely on District staffing needs in relative level areas of job performancequalification (see Article 9.B & C) and employee’s next school year’s assignments. When an exception The next school year assignment is necessary to assure the qualifications defined as 50% of the remaining faculty members meet the needs ancillary staff present assignment, as on record in Human Resources. In addition, when there is a need to reduce in any of the continuing programsfollowing areas, standards will 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 developed by an agreement reinstated in full. 3. The Board shall give no less than thirty (30) calendar days' notice before the start of the college Union/Management committee containing school year or the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 start of the final academic year of employment. For two academic years from 2nd semester to the date of layoff, 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. 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 extinguishedancillary staff being laid off. b. If 4. In conjunction with Article 20.A, it is intended that this Article takes precedence over and governs the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementindividual contract, and the position individual contract is subsequently filled by expressly conditioned upon this Article. 5. Seniority shall continue to accrue through layoff subject only to the Employerlimitations 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 their normal work year so that they 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 laid-off faculty member ancillary staff shall be hired into offered the position provided choice of repayment by either payroll deduction of the laid-off employee's qualifications for appropriate amount in equal payments over the job in question are substantially equal entire school year or above those of other applicants. If hired pursuant direct payment to this subsection, the previously laid-off faculty member shall not retain tenure except district 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 extinguishedSeptember 30.

Layoff. ‌ Xxxxxx is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx at a mutually-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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff 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 in his previous tenure and seniority. The faculty member shall have 30 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 open position within the bargaining unit at any the College covered by this agreementof Technology, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-laid- off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ Xxxxxx is In the event of layoff, probationary employees, as defined in Section 9.01 of this Agreement, in the occupational classification and seniority group affected shall be laid off first. If further layoffs are necessary within the seniority group, such layoffs shall be made by bargaining unit seniority within the occupational classification and seniority group affected; the employee with the least bargaining unit seniority in such occupational classification and seniority group shall be the first to be laid off and the last to be recalled. An employee subject to layoff under the forgoing may exercise bumping rights in the following order provided he/she has greater bargaining unit seniority than the employee being displaced: 1. Displace the employee with the least bargaining unit seniority in any lower rated occupational classification in his/her seniority group; provided the employee has greater seniority and has previously established seniority in that occupational 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 he/she had established seniority in that occupation while in his/her present seniority group; or displace the employee with the least bargaining unit seniority in an equivalent occupation in any other seniority group in which he/she had established seniority, 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 lower rated occupational classification in any other seniority group provided he/she has established seniority in that occupational classification and seniority group. 3. Displace any probationary employee in the bargaining unit, provided he/she has the skill and ability to perform the work as determined by the termination company. Such employee must notify the company in writing of tenured faculty members for programmatic or financial reasonshis/her intention to exercise bumping rights within forty-eight (48) hours of the company 's layoff notice. Within 30 calendar days from An employee so displaced may similarly exercise his/her rights to displacing another employee in accordance with the faculty member's written notice 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 employee in a higher graded occupational classification. In all cases of layoff, the Xxxx shall submit a layoff plan company will give not less than two (2) weeks notice of contemplated layoffs to the local Union. The Union shall have 30 calendar days to review employees affected 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 adoptionunion. Where, amendment or rejection. The decision of the Employer to implement layoff however, such notice is not grievable. Within an instructional area layoff shall be in reverse order of seniorityfeasible, unless differences exist in relative level of job performance. When an exception is necessary to assure The Company will notify the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, 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. 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 open position within the bargaining unit at any College covered by this agreement, employee and the position is subsequently filled by union as promptly as possible and give, in lieu of said notice, two (2) weeks pay, not to exceed eighty (80) hours at the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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-straight time employment. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedhourly rate.

Layoff. ‌ Xxxxxx 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 defined as necessary to reduce the termination workforce the following procedure shall be followed provided employees exercising seniority have the ability to perform the normal requirements of tenured faculty members for programmatic 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 financial reasonshave substantial experience. Within 30 calendar It is understood the employee will be given a period of up to five (5) working days from to demonstrate their ability to do the faculty member's written notice of layoffjob. It is clearly understood this is a proving period, to apply theoretical and practical knowledge. However, the Xxxx shall submit a layoff plan applicant will be shown the required procedures peculiar to the local Unionclassification. The Union shall have 30 calendar days successful employee who exercises seniority in this manner will not be entitled to review and comment upon the plan, during which time its representatives may meet with the Xxxx at bid for another vacancy for 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 performancesix (6) months. When an exception is necessary employee does not possess adequate seniority to assure bump into a classification held previously or has not had substantial experience in that classification, such employees may exercise their seniority to displace the qualifications of the remaining faculty members meet the needs of the continuing programs, standards lowest seniority employee. The employee will be developed 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 an agreement 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 the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member twelve (12) months. (a) All probationary employees shall be laid off if probationary faculty members before any employees with seniority are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may laid off. (b) Thereafter, employees will be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed or transferred in writing by November 1 inverse order of the final academic year of employment. For two academic years from the date of layoff, 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. 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 open position within the bargaining unit (c) Employees transferred at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member their request as a result of reduction in staff shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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 replace employees with less 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. ‌ Xxxxxx Layoff is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx Xxxx/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx Xxxx/CEO at a mutually-mutually agreed upon time and place. The Xxxx 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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any the College covered by this agreementof Technology, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ Xxxxxx If and when a reduction or reorganization in the workforce is defined 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 for reorganization based layoffs, layoff shall occur through deletion of Professional Staff position(s) as determined by the termination of tenured faculty members for programmatic or financial reasonsEmployer. Within 30 seven (7) calendar days from of the faculty member's receipt of official written notice of layofflayoff due to a reduction or reorganization in the workforce, a university funded employee shall be specifically permitted to submit, in writing, application for and then receive good faith review of up to five (5) continuing positions whose incumbents are university funded and hold the least seniority in the same generic position classification from which the laid off 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, are eligible to participate in the bumping process outlined herein. Employees who have not completed three full years of service 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 bump the least senior employee in the positions applied for. If the Employer determines that the applicant is not qualified to bump in that position, the Xxxx Employer shall submit determine whether the applicant is qualified to bump the next least senior employee in the positions applied for. This process shall continue until the applicant is deemed qualified for a layoff plan bump or all five (5) positions have been considered. If the displaced employee is determined to hold the qualifications for the position reviewed, the employee shall be permitted to exercise his/her seniority rights to displace an employee with less seniority in 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 local Unioncurrent job classification from which the employee is being laid off. The Union shall have 30 calendar days to review Displacement is potentially available only for 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For following two academic years from the date of layoff, a tenured faculty member retains the following rights(2) groupings: 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. The faculty member shall have 30 days in which Assistant Director, Administrative Assistant I, Assistant to accept Xxxx, Assistant to Director, Assistant to Chair, Assistant to Sponsored Chair, Program or decline. If the offer is declined, any further rights under this section are extinguishedFunction Coordinator or Manager. b. If the laid-off faculty member applies for an open position Professional Service Librarian (excluding Head Librarian) professional specialists within the bargaining unit at any College covered specific specialty area. The Employer retains its right to determine whether an employee possesses the qualifications to fill the position into which he/she seeks to bump. Qualification determination shall be based upon the qualifications set out by this agreementthe 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 the position is subsequently filled by the Employerin writing, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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 employmentsatisfactory overall or a performance record evidencing active disciplinary status. Once such an offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.Within seven

Layoff. ‌ Xxxxxx is defined as In the termination event it becomes necessary through layoff to reduce the number of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from the faculty member's written notice of layoffancillary staff, the Xxxx proposed reductions shall submit a layoff plan be discussed with the Association prior to the local Unionimplementation. 1. The Union Board 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 lay off ancillary staff in reverse order of seniority, unless differences exist seniority based solely on District staffing needs in relative level areas of job performancequalification (see Article 9.B & C) and employee’s next school year’s assignments. When an exception The next school year assignment is necessary to assure the qualifications defined as 50% of the remaining faculty members meet the needs ancillary staff present assignment, as on record in Human Resources. In addition, when there is a need to reduce in any of the continuing programsfollowing areas, standards will 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 his/her 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 developed by an agreement reinstated in full. 3. The Board shall give no less than thirty (30) calendar days' notice before the start of the college Union/Management committee containing school year or the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 start of the final academic year of employment. For two academic years from 2nd semester to the date of layoff, 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. 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 extinguishedancillary staff being laid off. b. If 4. In conjunction with Article 20.A, it is intended that this Article takes precedence over and governs the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementindividual contract, and the position individual contract is subsequently filled by expressly conditioned upon this Article. 5. Seniority shall continue to accrue through layoff subject only to the Employerlimitations 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 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 laid-off faculty member ancillary staff shall be hired into offered the position provided choice of repayment by either payroll deduction of the laid-off employee's qualifications for appropriate amount in equal payments over the job in question are substantially equal entire school year or above those of other applicants. If hired pursuant direct payment to this subsection, the previously laid-off faculty member shall not retain tenure except district 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 extinguishedSeptember 30.

Layoff. ‌ Xxxxxx Whenever a reduction in workforce is defined necessary, the Employer shall first determine the site, classification and number of positions to be 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 termination “surplus employee”. requirements of tenured faculty members for programmatic or financial reasonsthat job. Within 30 calendar days from the faculty member's written notice of layoffWhere an employee has been declared surplus under paragraph (a), the Xxxx shall submit a layoff plan 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 the local Unionaccrual of any applicable merit increases, are the same as, or closest 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. The Union 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 have 30 calendar days also identify one employee in accordance with paragraph and the employee may choose to review 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 comment upon the planemployee 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, during which time its representatives may meet for the purpose of allowing the surplus employee to exercise seniority rights, identify the three (3) employees with the Xxxx at a mutuallyleast general seniority: whose branch (or municipality if the branch is so sub-agreed upon time and place. The Xxxx may revise divided) is the plan after same as the period of comment is over and shall forward the plan first surplus employee; whose regular hourly wage rate, prior to the President accrual of any applicable merit increase, are the same as, or designee and then closest to the Board of Regents for adoption, amendment or rejection. The decision that of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order surplus employee; whose number of seniorityregular hours of work per week are the same as, unless differences exist in relative level of job performance. When an exception is necessary to assure the qualifications or close to, that of the remaining faculty members meet the needs surplus employee. employee displaced as a result of the continuing programs, standards will be developed exercise of rights under paragraph by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member a surplus employee shall be laid off if probationary faculty members are retained within off. When occur, the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off Union shall be informed in writing by November 1 of deemed to have the final academic year of employment. For two academic years from the date of layoff, 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 greatest site seniority. 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 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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. ‌ Xxxxxx 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 in all cases. 2. It is defined further agreed that any layoff pursuant to this 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/she is certified and qualified for the termination vacancy. No new NTPS shall be employed by the Board while there are NTPSs of tenured faculty members for programmatic the District who are laid off unless there are no laid off NTPSs with proper certification and qualifications to fill any non-teaching vacancy which may arise. 4. The Board shall give written notice of recall from layoff by sending a certified letter to said NTPS at his/her last known address. It shall be the 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 conclusive when used in connection with layoffs, recall, or financial reasonsother notice to the NTPS. Within 30 If a NTPS fails to report as being available to work ten (10) calendar days from the faculty member's written notice date 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 sending of the Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order of seniorityrecall, unless differences exist in relative level of job performance. When an exception extension is necessary to assure the qualifications of the remaining faculty members meet the needs of the continuing programs, standards will be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed granted in writing by November 1 of the final academic year of employment. For two academic years from Board, said NTPS shall be considered as a voluntary quit and shall thereby terminate his/her individual employment contract and any other employment relationship with the date of layoff, 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. 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 extinguishedBoard. b. If 5. A laid off NTPS shall, upon application, be granted priority status on the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementDistrict substitute teaching list, and the position is subsequently filled by the Employer, the laid-off faculty member shall such priority to be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant determined according to this subsection, the previously 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. ‌ Xxxxxx is defined as Before laying off an employee, the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days from College will attempt to place the faculty member's written notice of layoffmember 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 Xxxx shall submit a layoff plan College will allow the individual to transfer back to the local Unionoriginal position after all laid­off employees eligible for that position have rejected recall rights. The Union Employees shall have 30 calendar days to review and comment upon be notified by the plan, during which time its representatives College about the proposed layoff. Affected employees 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 submit alternative proposals to the Vice President or designee of Instruction 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teachingStudent Services. 1. The selection of one individual rather than another for layoff may employees to be challenged under laid off pursuant to the grievance procedurereduction 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 educational priorities of such unit(s). Each tenured faculty member Whenever possible, reduction in force shall be applied so as to protect full­time positions. 2. The order in which employees within the affected unit(s) are laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rightstake place as follows: a. First, from among the 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 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. The position order of layoff within each category listed in Subsection 2 above, except non­bargaining unit faculty members, shall be by inverse order of length of continuous service from the laid-off first employment date recorded in the faculty member 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 filled unless deemed an interruption of continuous service for the laid-off 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 faculty member has been offered reinstatement at his previous tenure and seniority. The faculty member shall have 30 days with the College in which to accept either a full­ or decline. If the offer is declined, any further rights under this section are extinguishedpart­time capacity. b. If the laid-off affected faculty member applies for an open position within remain tied in seniority after applying subparagraph a., then the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the Employer, the laid-off faculty member decision shall be hired into the position provided the laid-off employee's qualifications made by lot. 5. RIF Grid Units recognized for the job purpose of implementing reduction in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously laid-off faculty member force shall not retain tenure except by mutual agreement between the President or designee include courses and/or activities grouped as follows: a. Skills Development 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.Early College Options b. Library

Layoff. ‌ Xxxxxx 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 termination 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 programmatic whom no classes are still available will have the right to take the class or financial reasonsclasses 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. Within 30 calendar days from Approval will be given 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 an agreement approving or disapproving of her/him teaching the course. This agreement shall take precedence over the discipline’s decision. If the Academic Vice President/Xxxx and the faculty member's written notice of layoff, representative are unable to reach an agreement 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 issue will be referred to the President or designee for a final and then to binding decision. If the Board of Regents faculty member is not approved the discipline and/or the Academic Vice President/Xxxx(s) and the faculty representative must provide written reasons for adoption, amendment or rejectiondenying the faculty member the course. The decision 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 Employer to implement layoff is not grievable. Within an instructional area layoff shall be in reverse order Departments of seniority, unless differences exist in relative level of job performancethe College. When an exception is necessary to assure a faculty member takes over a course in a different discipline through the qualifications 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 be mandatory. If the evaluation warrants it, the members of the remaining faculty members meet discipline may reconsider the needs question of approval and may withhold approval for subsequent teaching of the continuing programscourse by that faculty member. In such a case, standards the procedure defined above will be developed by an agreement repeated. “Members of the college Union/Management committee containing discipline” will be defined as above, but will not include the process and measurements used to determine relative job performance. No tenured 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 if probationary in inverse order of seniority. In this instance, years previously lost toward seniority due to leave of absence or maternity leaves will be counted as years accrued. e. A faculty members are retained within the instructional area member who is threatened by layoff and is found qualified to teach courses the tenured faculty member is qualified and capable of teachingclass or classes taught by an administrator has the right to teach those classes to fill out her/his teaching load. The selection of one individual rather than another for layoff may be challenged under This provision does not apply to the grievance procedureContinuing Education Programs. XX.3. Each tenured A faculty member laid off shall be informed recalled in the reverse order of layoff to fill 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. It is the obligation of the faculty member to inform the Academic Vice President/Xxxx 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 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 referred to the President for final and binding decision. a. The faculty member must inform the Academic Vice President/Xxxx in writing by November 1 email (or letter) sent with a receipt confirmation (or by certified mail) to the last known e-mail address (or postal address) of her/his acceptance of the final academic year course(s) within ten (10) days of employment. For two academic years from her/his receipt of the date of layoff, a tenured offer to teach the course(s) or the faculty member retains the following rights: a. The position of the laid-off faculty member shall not forfeits her/his right to be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure and seniorityrecalled. The faculty member shall have 30 days in be permitted to fulfill her/his contractual or moral commitment to a position she/he may be holding before being required to report for service, provided that 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 accept or decline. If notify the Academic Vice President/Xxxx of the acceptance of the offer is declined, any further rights under this section are extinguishedwithin the period and in the manner specified above. b. If the laid-off faculty member applies for an 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 XX.4. No faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question teach more than a full schedule while others are substantially equal or above those of other applicants. If hired pursuant to this subsectionlaid off, the previously laid-if such laid off faculty member shall not retain tenure except members are willing and found qualified by mutual agreement between the President or designee and Department to teach the faculty member, but shall retain previously-accumulated seniorityadditional courses. XX.5. Any salary shall be pro-rated for less than full-time employment. Once such an offer Upon the request of employment is made to a previously laid-off faculty member, and to the extent permissible under the appropriate program, XXXXX shall continue all further rights under benefits at the expense of the faculty 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 arbitrary and capricious manner. Differences between the parties arising from the implementation of subsection are extinguished7 above shall be resolved in the following manner: The Board will exercise its ultimate authority and responsibility as set forth in the Management’s Rights Clause, Article XVI, only after hearing the Faculty position on the matter and the reasons therefore. Such presentation of positions shall be made only to the 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 request a hearing before the Committee of the Board shall be made to the President who shall schedule the presentation at the next appropriate meeting. The appropriate Committee shall hear the presentation of the Faculty and the Administration and shall render a final binding decision thereon within thirty (30) days.

Layoff. ‌ Xxxxxx Section 26.01 Unless otherwise qualified by this agreement members are subject USNH policies relative to layoff. The parties further acknowledge that under Article 31, Management Rights and Article 29, Effect of Section 26.02 Layoff is defined as the termination involuntary separation of tenured faculty members for programmatic or financial reasons. Within 30 calendar days a staff member from the faculty 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'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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of not exceed one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff. Affected members shall be entitled to recall during the period of layoff. If not recalled during the period of layoff, a tenured faculty member retains members will be terminated. Section 26.03 In cases where it is known by the following rights: a. The position 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 laid-decision. Section 26.04 Members shall be selected for layoff on the basis of increasing seniority. Section 26.05 Members who are laid off faculty 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 not be filled unless return with the laid-off faculty member has been offered reinstatement same unit seniority he or she had accrued at his previous tenure and seniority. The faculty the time of the recall. Section 26.07 If hired into any other classification, the member shall have 30 days in which to accept or decline. If the offer is declined, any further rights under this section are extinguishedreturn as a new employee and be rehired with a new seniority date. b. Section 26.08 If an opening develops in the laid-off faculty member applies for an open member’s original classification after he or she had taken another position within the bargaining unit at 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 College covered by this agreement, and changes in address or phone numbers in order to provide a contact point for recall or notification of vacancies which may arise with the position is subsequently filled by Department during the Employer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those term of other applicants. If hired pursuant to this subsection, the previously 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 extinguishedtheir layoff.

Layoff. ‌ Xxxxxx and recall shall be governed by seniority and Civil Service Rules and Regulations, except as expressly provided within this section. A. An employee who is defined as promoted to a position in the termination of tenured faculty members for programmatic or financial reasons. Within 30 calendar days Police Department which is outside the bargaining unit shall continue to accumulate seniority until the promotion becomes permanent at which time his/her seniority shall be frozen. B. If an employee from the faculty member's written bargaining unit is promoted to a position outside the bargaining unit above Captain, and is provided a notice of lay off, he/she may be demoted to his or her most recent rank within the bargaining unit in lieu of layoff. If a Captain is provided a notice of layoff, the Xxxx shall submit a layoff plan he/she may be demoted to the local Unionrank of Lieutenant in lieu of layoff. 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 If a mutually-agreed upon time and place. The Xxxx may revise the plan after the period of comment Lieutenant 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date provided a notice of layoff, a tenured faculty member retains he/she may be demoted to the following rights: a. The position rank of the laid-off faculty member Sergeant in lieu of layoff. Such actions shall not be filled unless the laid-off faculty member has been offered reinstatement at his previous tenure effectuated in accordance with Civil Service rules and seniority. The faculty member shall have 30 days in which to accept or decline. If the offer is declined, regulations and any further rights under this section are extinguishedapplicable collective bargaining agreements. b. If C. Effective November 30, 2009, a Captain electing to bump down to the laid-off faculty member applies Lieutenant classification, in lieu of layoff, will be ranked for an open position within seniority purposes among the remaining Lieutenants based upon his/her original date of promotion to Lieutenant, or his/her initial assigned ranking in cases of two members having the same bargaining unit at any College covered by this agreementseniority date (i.e. date of original promotion to Lieutenant). All other Civil Service Board Rules and contractual agreements shall still apply. D. Captains and Lieutenants who have received a notice of layoff and have either demoted into another position, and the position is subsequently filled by the Employeror who have been laid off, the laid-off faculty member shall be hired into placed on a preferred eligible list for twelve (12) months, or the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those length of other applicants. If hired pursuant to this subsectiontheir bargaining unit seniority, the previously 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 whichever is made to a previously laid-off faculty member, all further rights under this subsection are extinguishedgreater.

Layoff. ‌ 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 The District will adhere to Education Code requirements relating to lay-off and will give notice of layoff, the Xxxx shall submit a layoff plan to the local UnionAssociation when it intends to implement Article 19. The Union parties to this agreement shall have 30 calendar days meet to review confer, mediate, and comment upon negotiate the plan, during which time its representatives may meet with the Xxxx at a mutuallyeffects of any lay-agreed upon time off or reduction. Layoff procedures 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 reemployment rights shall be in reverse order 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 to the employee that the employee’s services will not be required for the ensuing year. The notice shall also state the reasons as lack of senioritywork and/or lack of funds that the employee’s services will not be required for the ensuing year, unless differences exist 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 relative level of job performanceEd Code section 45117. When an exception is necessary to assure the qualifications classified positions must be eliminated as a result of the remaining faculty members meet expiration of a specially funded program, the needs of the continuing programs, standards will employees to be developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed given written notice not less than sixty (60) days prior to the 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 writing accordance with Education Code section 45117(d). Classified employees shall be subject to layoff for lack of work or lack of funds, as determined by November 1 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/assignments on unit members. In the event of a layoff, the order of layoff within the class shall be determined by length of service. Employees may exercise bumping rights as specified in this article. Employees who have been laid off are eligible for a period of thirty-nine (39) months and shall be reemployed in preference to new applicants. (Education Code Section 45298). 1. Should the District plan to eliminate a position or reduce an employee’s hours, the District shall give the CSEA Chapter #108 President and the designated CSEA Labor Relations Representative written notice and an opportunity to negotiate the proposed changes. 2. Upon receipt of the final academic year of employment. For two academic years from the date of layoff, 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. 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 open position within the bargaining unit at any College covered by this agreement, and the position is subsequently filled by the EmployerDistrict’s written notice, the laid-off faculty member Association shall be hired into provide the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those District’s Assistant Superintendent of other applicants. If hired pursuant Human Resources with a “Demand to this subsection, the previously 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 employmentBargain” letter. Once such an offer of employment the demand letter is made received, both parties shall make themselves available to a previously laid-off faculty member, all further rights under this subsection are extinguishedmeet and negotiate in good faith. Neither party shall impede the process by unreasonably delaying negotiations.

Layoff. ‌ Xxxxxx ‌ A. When it is defined necessary to reduce administrative positions for either economic reasons or declining enrollment, the following steps shall be taken: 1. The Board shall follow State law as set forth in Public Act 183 regarding the termination layoff of tenured faculty members for programmatic or financial reasonsadministrators. Within 30 calendar days from the faculty member's The Board shall give written notice of layoffrecall from layoff by sending a registered or certified letter or telegram to said administrator at his/her last known address. The administrator's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, the Xxxx shall submit a layoff plan recall, or other notice to the local Unionadministrator. The Union shall have 30 calendar If an administrator fails to respond within thirteen (13) 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position mailing of the laid-off faculty member recall, unless an extension is granted, in writing, by the 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 filled unless 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 laid-employer, in writing, of his/her change of address. Administrators laid off faculty member has been offered reinstatement at his previous tenure through the procedure as stated shall be maintained on a recall list until they refuse an opportunity to return to a position for which they are certified and seniority. The faculty member shall have 30 days in which to accept or declinequalified. 2. If an administrator is relieved of his/her duties because of reduction in staff or abolishment of position, and an administrative position is not available, he/she will be offered a teaching position for which he/she is certified to teach, with full seniority credit given for length of service with the offer is declinedDistrict as an administrator and/or teacher, any further rights under this section are extinguishedif the administrator has previously been a teacher in the District. b. If B. Administrators who have had prior years of teaching experience in the laid-off faculty member applies for an open position within District will be able to use all their years of experience in the bargaining District if they return to the Bargaining unit at any College covered by this agreement, and be placed on the position is subsequently filled by seniority listwith all years credited. C. Administrators who have not had prior teaching experience in the Employer, Bargaining unit will not be allowed to credit their years of administrative experience on the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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 extinguishedteacher seniority list.

Layoff. ‌ Xxxxxx is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx Xxxx/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx Xxxx/CEO at a mutually-mutually agreed upon time and place. The Xxxx 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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any College covered by this agreementHelena College, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an 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. ‌ Xxxxxx If the Board determines a layoff, in accordance with ORS 342.934 is defined necessary, the District agrees that such reduction shall be made in accordance with the following procedure: 1. Whenever the Board determines that a layoff is necessary, it will notify the Association. Except in the case of an emergency, notice will be given to the affected employees as soon as possible. 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 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 District will make every reasonable effort to combine positions in a manner which allows employees to remain licensed so long 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 combined positions meet the needs of the continuing programsDistrict. 3. In the event that a layoff is necessary, standards will the employees to be developed retained shall be determined by an agreement means of the college Union/Management committee containing following criteria: a. A determination that the process and measurements used teachers to determine relative job performance. No tenured faculty member shall be retained hold the proper license to fill the remaining position(s); and b. The District may retain a teacher with less seniority if the District determines that the teacher being retained has more competence than the teacher being released except that no permanent teacher will be laid off if licensed to teach a course being taught by a probationary faculty members are retained teacher. c. Competence may 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 instructional last five 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 may consider the willingness of the employee to teach courses the tenured faculty member is qualified pursue additional training and capable of teachingeducational preparation equivalent to nine (9) credit hours in making a competence determination. The selection nine (9) credit hours are subject to mutual agreement. For purposes of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off this section, Title I, Special Education, and Elementary Specialists (Music, PE, Counseling, Child Development) shall be informed 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 writing by November 1 the District. 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 the final academic year absence, but authorized unpaid leaves of absence shall not be considered to “break” continuity of employment. For In case two academic years from or more employees have the date of layoffsame seniority with the District and are deemed by the administration to be equally competent, the tie will be resolved by drawing lots. Nothing in this Article shall be construed so as to interfere with the Board’s right to dismiss a tenured faculty member retains permanent teacher pursuant to the following rights: a. The position provisions 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. The faculty member shall have 30 days in which Fair Dismissal Law or to accept dismiss 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 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 question are substantially equal or above those of other applicants. If hired non- renew a probationary teacher pursuant to this subsection, the previously 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 extinguishedORS 342.835.

Layoff. ‌ Xxxxxx is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's written notice of layoff, layoff the Xxxx shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx at a mutually-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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff 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. The faculty member shall have 30 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 open position within the bargaining unit at any College covered by this agreementof Technology, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously 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-previously accumulated seniority. Any salary shall be pro-rated 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. ‌ Xxxxxx A. When it is defined necessary to reduce administrative positions for either economic reasons or declining enrollment, the following steps shall be taken: 1. The Board shall follow State law as set forth in Public Act 183 regarding the termination layoff of tenured faculty members for programmatic or financial reasonsadministrators. Within 30 calendar days from the faculty member's The Board shall give written notice of layoffrecall from layoff by sending a registered or certified letter or telegram to said administrator at his/her last known address. The administrator's address as it appears on the Board's records shall be conclusive when used in connection with layoffs, the Xxxx shall submit a layoff plan recall, or other notice to the local Unionadministrator. The Union shall have 30 calendar If an administrator fails to respond within thirteen (13) 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 of the final academic year of employment. For two academic years from the date of layoff, a tenured faculty member retains the following rights: a. The position mailing of the laid-off faculty member recall, unless an extension is granted, in writing, by the 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 filled unless 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 laid-employer, in writing, of his/her change of address. Administrators laid off faculty member has been offered reinstatement at his previous tenure through the procedure as stated shall be maintained on a recall list until they refuse an opportunity to return to a position for which they are certified and seniority. The faculty member shall have 30 days in which to accept or declinequalified. 2. If an administrator is relieved of his/her duties because of reduction in staff or abolishment of position, and an administrative position is not available, he/she will be offered a teaching position for which he/she is certified to teach, with full seniority credit given for length of service with the offer is declinedDistrict as an administrator and/or teacher, any further rights under this section are extinguishedif the administrator has previously been a teacher inthe District. b. If B. Administrators who have had prior years of teaching experience inthe District will be able to use all their years of experience in the laid-off faculty member applies for an open position within District if they return to the bargaining Bargaining unit at any College covered by this agreement, and be placed on the position is subsequently filled by seniority listwith all years credited. C. Administrators who have not had prior teaching experience in the Employer, Bargaining unit will not be allowed to credit their years of administrative experience on the laid-off faculty member shall be hired into the position provided the laid-off employee's qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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 extinguishedteacher seniority list.

Layoff. ‌ Xxxxxx is defined as the termination of tenured faculty members for programmatic or financial reasons. Within 30 thirty (30) calendar days from the faculty member's ’s written notice of layoff, layoff the Xxxx Xxxx/CEO shall submit a layoff plan to the local Unionunion. The Union union shall have 30 thirty (30) calendar days to review and comment upon the plan, during which time its representatives may meet with the Xxxx Xxxx/CEO at a mutually-mutually agreed upon time and place. The Xxxx 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 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two (2) academic years from the date of layoff, layoff a tenured faculty member retains the following rights: a. A. The position of the laid-off faculty member shall not be filled unless the laid-off faculty member has been offered reinstatement at in his previous tenure and seniority. The faculty member shall have 30 thirty (30) days in which to accept or decline. If the offer is declined, any further rights under this section are extinguished. b. B. If the laid-off faculty member applies for an open position within the bargaining unit at any the College covered by this agreementof Technology, and the position is subsequently filled by the Employeremployer, the laid-off faculty member shall be hired into the position provided the laid-off employee's ’s qualifications for the job in question are substantially equal or above those of other applicants. If hired pursuant to this subsection, subsection the previously laid-off faculty member shall not retain tenure except by mutual agreement between unless the President or designee and the faculty member, but member agree to the contrary in writing and shall retain previously-previously accumulated seniority. Any salary shall be pro-rated prorated for less than full-time employment. Once such an a comparable offer of employment is made to a previously laid-off faculty member, all further rights under this subsection are extinguished.

Layoff. ‌ Xxxxxx 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 developed by an agreement of the college Union/Management committee containing the process and measurements used to determine relative job performance. No tenured faculty member shall be laid off if probationary ifprobationary faculty members are retained within the instructional area to teach courses the tenured faculty member is qualified and capable of teaching. The selection of one individual rather than another for layoff may be challenged under the grievance procedure. Each tenured faculty member laid off shall be informed in writing by November 1 September 30 of the final academic year of employment. For two academic years from the date of layoff, 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. 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 Ifthe laid-off faculty member applies for an 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 question are substantially equal or above those of other applicants. If hired pursuant to this subsection, the previously 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.