Common use of Reduction in Force Lay Off Clause in Contracts

Reduction in Force Lay Off. Whenever a reduction in force, as determined by the Chancellor, is necessary due to discontinuance of a program or department, financial exigency, over-staffing or by direction of the Administration or Legislature, a Faculty Advisory Committee shall be established to provide recommendations to the campus administration. In each instance, the Faculty Advisory Committee shall be established by the campus Chancellor. The Faculty Advisory Committee shall consist of one member of the UNKEA Executive Committee to be nominated to the Chancellor by the UNKEA Executive Committee; one member from the Executive Committee of the Faculty Senate; one member representing the Graduate Faculty; and one member from each of the four under graduate colleges, and the Library. The Graduate Faculty, the undergraduate colleges, and the Library will independently select their respective nominees to forward to the Chancellor. In each instance, the Faculty Advisory Committee shall provide recommendations to the campus Administration regarding program viability within time limits established by the Administration. The Faculty Advisory Committee recommendation shall be advisory only and the final decisions regarding the necessity of reduction in force shall be reserved to the Administration of the Board. Section 1. The decision as to when a reduction in force is necessary due to discontinuance of a department or program, financial exigency, over- staffing, or by direction of the Legislature is reserved to the administration and Board. When reduction in force becomes necessary, the Board or the campus administration shall inform the UNKEA of that fact in writing. It is specifically agreed that the Administration and Board decision that reduction in force is necessary due to the discontinuance of a department or program, financial exigency, over-staffing, or by direction of the Legislature shall not be subject to the grievance and arbitration procedure of this contract; provided, however, that disputes arising under Section 3 and 4 of this Article are grievable. Section 2. The University Administration will make a reasonable effort to avoid a layoff by use of attrition whenever possible and before laying off any individual pursuant to this Section shall make a reasonable effort to place individuals in another position within the Xxxxxxx administrative unit of the University. Section 3. In laying off faculty in accordance with the order listed in Section 4 of this Article, the following criteria shall be utilized. (a) Program viability shall be the controlling consideration in all instances. (b) A reduction in force shall be made in such a way that the remaining members of the faculty possess necessary qualifications to perform assigned duties needed for offering the programs which remain on a viable basis. (c) Faculty members with higher academic preparation, after considering program viability, shall be given retention preference in laying off faculty members that are similarly situated. However, if faculty members have the same academic preparation, the member with more years of teaching service in the Xxxxxxx administrative unit of the University shall be retained. Section 4. Faculty shall be involuntarily terminated in the following order: (a) Faculty of any classification who have already received notice that they will not be reemployed following the expiration of their current Primary Appointment. (b) Part-time Faculty. (c) Faculty on Special Appointment. (d) Faculty on Specific Term Appointment. (e) Faculty on Continuous Appointment. The substantive decisions of the Board or administration to terminate specific Unit Members, due to the discontinuance of a program or department, shall be final and binding and shall not be grievable under this Agreement, except that a Grievance may be pursued based on the allegation that the procedures outlined herein were not followed and that such failure may have affected the substantive decision of the Board. Section 5. Tenured employees who are laid off shall retain recall rights for two years following the layoff.

Reduction in Force Lay Off. Whenever a reduction in force, as determined by the Chancellor, is necessary due to discontinuance of a program or department, financial exigency, over-staffing or by direction of the Administration or Legislature, a Faculty Advisory Committee shall be established to provide recommendations to the campus administration. In each instance, the Faculty Advisory Committee shall be established by the campus Chancellor. The Faculty Advisory Committee shall consist of one member of the UNKEA Executive Committee to be nominated to the Chancellor by the UNKEA Executive Committee; one member from the Executive Committee of the Faculty Senate; one member representing the Graduate Faculty; and one member from each of the four under graduate colleges, and the Library. The Graduate Faculty, the undergraduate colleges, and the Library will independently select their respective nominees to forward to the Chancellor. In each instance, the Faculty Advisory Committee shall provide recommendations to the campus Administration regarding program viability within time limits established by the Administration. The Faculty Advisory Committee recommendation shall be advisory only and the final decisions regarding the necessity of reduction in force shall be reserved to the Administration of the Board. Section 1. The decision as to when a reduction in force is necessary due to discontinuance of a department or program, financial exigency, over- over-staffing, or by direction of the Legislature is reserved to the administration and Board. When reduction in force becomes necessary, the Board or the campus administration shall inform the UNKEA of that fact in writing. It is specifically agreed that the Administration and Board decision that reduction in force is necessary due to the discontinuance of a department or program, financial exigency, over-staffing, or by direction of the Legislature shall not be subject to the grievance and arbitration procedure of this contract; provided, however, that disputes arising under Section 3 and 4 of this Article are grievable. Section 2. The University Administration will make a reasonable effort to avoid a layoff by use of attrition whenever possible and before laying off any individual pursuant to this Section shall make a reasonable effort to place individuals in another position within the Xxxxxxx administrative unit of the University. Section 3. In laying off faculty in accordance with the order listed in Section 4 of this Article, the following criteria shall be utilized. (a) Program viability shall be the controlling consideration in all instances. (b) A reduction in force shall be made in such a way that the remaining members of the faculty possess necessary qualifications to perform assigned duties needed for offering the programs which remain on a viable basis. (c) Faculty members with higher academic preparation, after considering program viability, shall be given retention preference in laying off faculty members that are similarly situated. However, if faculty members have the same academic preparation, the member with more years of teaching service in the Xxxxxxx administrative unit of the University shall be retained. Section 4. Faculty shall be involuntarily terminated in the following order: (a) Faculty of any classification who have already received notice that they will not be reemployed following the expiration of their current Primary Appointment. (b) Part-time Faculty. (c) Faculty on Special Appointment. (d) Faculty on Specific Term Appointment. (e) Faculty on Continuous Appointment. The substantive decisions of the Board or administration to terminate specific Unit Members, due to the discontinuance of a program or department, shall be final and binding and shall not be grievable under this Agreement, except that a Grievance may be pursued based on the allegation that the procedures outlined herein were not followed and that such failure may have affected the substantive decision of the Board. Section 5. Tenured employees who are laid off shall retain recall rights for two years following the layoff.