Procedure for Layoff. A) When employees are removed from a classification for the purpose of reducing the work force of that classification, the employee with the least seniority in the affected classification and bargaining unit shall be removed first. For the purpose of this Article persons of different rank shall be considered to be in separate classifications.
B) All employees under the Merit Commission will be covered by this Article. Where provisions of this Article conflict with any applicable federal or state law, the provisions of such law shall prevail.
C) A removed employee shall be transferred, conditioned upon being qualified to perform the work available in the following order of priority:
1) To a vacancy, if any, in another classification in the same grade within the same bargaining unit.
2) To replace an employee with less seniority, if any, in another classification in the same pay grade within the same bargaining unit.
3) To a vacancy, if any, in a classification assigned to the next lower pay grade with the same bargaining unit.
4) To replace an employee with less seniority, if any in a classification assigned to the next lower pay grade within the same bargaining unit.
D) A removed employee not transferred as provided in C above shall have the procedure set forth in C3 above applied to classifications assigned to each succeeding next lower pay grade until he/she is transferred or laid off.
E) The procedure set forth in C and D above shall be applied for an employee who is replaced as a result of the application of the above procedure until he/she is transferred or laid off.
F) In applying the procedures set forth in C, D, and E above, a removed or replaced full-time employee shall be transferred to another full-time position. A removed or replaced part-time employee shall be transferred to either a full-time or part-time position.
G) In applying the above procedures, full-time probationary employees shall be removed from the affected classification or replaced, as the case may be, prior to removing or replacing full-time, non-probationary employees, and part-time probationary employees shall be removed or replaced prior to removing or replacing part-time, non-probationary employees.
H) Temporary employees shall be laid off prior to the layoff of any full-time or part-time employees.
Procedure for Layoff. Whenever it becomes necessary to lay off probationary unit members for lack of funds, the procedure shall be as set forth in this Article. The implementation of the procedure for effecting layoffs shall be grievable under the terms and conditions of Article 15.
Procedure for Layoff. 14.4.1 Where at least one (1) employee is to be laid off at a CCSNH institution and there are two or more full-time covered positions of the same position classification that are affected within the institution’s academic department or operational unit, the following factors shall be considered in deciding which position(s) shall be retrenched:
a. Education and Experience Qualifications, including licensures and certifications;
b. Ability and Performance;
c. Seniority
d. When factors (a) and (b) above are relatively equal, seniority shall govern. Seniority under this article shall be defined pursuant to Article 12.
14.4.2 No full-time covered employee shall be laid off when the needs giving rise to the reduction in force can be met by the termination of temporary fill-in, part-time, or probationary employees serving in the same covered position within the affected academic department or operational unit within the CCSNH institution.
Procedure for Layoff. An Employee in an Endowed Position is eligible for the unpaid leaves of absence set forth in Article XXXI., irrespective of the bargaining unit title held by the Employee.
Procedure for Layoff. At the discretion of the academic unit, an Employee in a Dual Career Appointment may be given a working title in the adjunct series, without holding a regular non-instructional title at the University, at a rank deemed appropriate by the academic unit.
Procedure for Layoff. Prior to appointing an Employee in a Recent Graduate Position for any period beyond the period of appointment in the Recent Graduate Position, the position shall be posted in accordance with the provisions of Article XXVII.A., Posting, and Employees on layoff in the academic unit shall be notified in accordance with Article XII.
Procedure for Layoff. Prior to appointing an Employee in an Exchange Program Position for any period beyond the period of appointment in the Exchange Program Position, the position shall be posted in accordance with the provisions of Article XXVII.A., Posting, and Employees on layoff in the academic unit shall be notified in accordance with Article XII.
Procedure for Layoff. 1. Consistent with the provisions of this Agreement, the Employer will identify Employees to be laid off.
2. Except as provided in B.5. below, the order of layoff for Employees within each specific title in the academic unit shall be on the basis of expertise, ability, and performance relevant to the assignment in question. Expertise, ability, and performance relevant to the assignment in question will be assessed based on a review of relevant factors which may include, but are not limited to:
a. Employee’s experience in teaching the course(s) in question, or closely related course(s)
b. Command and delivery of the subject matter
c. Plan and design of course material
d. Currency in the subject matter and teaching methods
e. Relevant education, training, and experience
f. Compatibility of the Employee’s plan and design of course material and teaching methods with the academic unit’s pedagogical approach.
3. When there is no substantial difference in the degree of expertise, ability, and performance relevant to the assignment in question between two or more Employees within a specific Lecturer title, the order of layoff shall be in inverse order of seniority.
4. Except as provided in B.5. below, in the event that the layoff may involve Employees in different titles, the following will apply:
a. A Lecturer II will not be subject to layoff before a Lecturer I, or Intermittent Lecturer, except:
i. as specifically provided for in Article XIV., Provisions for Special Case Appointments; or
ii. when the Employer can demonstrate a clear and convincing case that the Lecturer I’s or Intermittent Lecturer’s expertise, ability, and performance relevant to the assignment in question exceeds that of the Lecturer II.
b. A Lecturer IV will not be subject to layoff before a Lecturer III except i. as specifically provided for under Article XIV., Provisions for Special Case Appointments; or
Procedure for Layoff. 1. At least fourteen (14) days preceding the date of implementation, the PEA President shall be notified in writing of the Board's intent to implement a layoff.
2. At least fourteen (14) days prior to Board action on layoff, a meeting shall be held between representatives of the PEA and representatives of the Board to review appropriate data and discuss the layoff. At this meeting, the administration shall present formalized lists indicating the specific number of positions to be eliminated within each area of certification/licensure and a list of unit members to be laid off.
3. A layoff may occur at any time. In the event of an impending layoff, a good-faith effort will be made by the Board to orally notify the affected bargaining unit member as soon as is feasible.
4. All unit members that the Board plans to lay off shall receive written notification by certified mail at least fourteen (14) days prior to Board action that his/her employment shall be suspended and the notice shall state the reason for such suspension.
Procedure for Layoff. 1. If the District decides to lay off by seniority, then the employee with the least seniority shall be the first to be laid off.
2. Seniority shall be defined as the employee's total length of continuous service in the District as a licensed teacher. Seniority will be computed and accrue from the teacher's first day of actual service with the District. Ties shall be broken by drawing lots. Seniority shall continue to accrue during paid leaves, but shall not accrue during unpaid leaves. However, authorized unpaid leaves of absence shall not be considered to "break" continuity of employment.
3. If the District desires to retain a teacher with less seniority than a teacher being released under this section, the District must show such teacher has more competency or merit.
4. The definitions of competency and merit are expressed in ORS 342.934.
5. The District shall make every reasonable effort to transfer teachers from courses scheduled for discontinuance to other positions for which they are licensed and endorsed.
