Common use of RETRENCHMENT PROCEDURES IN THE EVENT OF FINANCIAL EXIGENCY Clause in Contracts

RETRENCHMENT PROCEDURES IN THE EVENT OF FINANCIAL EXIGENCY. The Parties recognize that should a Financial Exigency ever occur every reasonable measure should be taken, as is hereinafter provided, to curtail the operations of the affected University consistent with the preservation of the institution’s goals and objectives. 1. The President shall provide notification to both the President of the Association and the Chapter President of their intent to recommend that the Board declare a financial exigency to exist prior to the submission of their recommendation to the Board. 2. The President shall recommend to the Board that the Board declare a financial exigency to exist; a copy of their recommendation shall be sent to the President of the Association and the Chapter President. 3. The President shall provide notice of the Board meeting at which their recommendations are to be considered to the President of the Association and the Chapter President. 4. The Board shall meet, and the Board may decide to declare or not to declare that a financial exigency exists. 5. The President shall provide a copy of the decision of the Board to the Chapter President within 24 hours of the meeting of the Board. 6. Within five (5) calendar days of the meeting of the Board, the President shall provide to the Chapter President a copy of the information upon which the Board determined and declared a financial exigency to exist, together with: a. A copy of the applicable appropriation act or acts. b. A copy of the official account allocations of the University which shall include a statement of non-appropriated grants and trust funds, if any, including a statement of projected revenues and expenditures of such funds for the applicable fiscal period. c. A copy of the AA payroll for the preceding payroll period. d. The current seniority roster of the members of the bargaining unit at the University. 7. Within fifteen (15) calendar days of such meeting of the Board at which such financial exigency shall have been so declared, the Chapter President may submit to the President of the University the written recommendations of the Association to curtail expenditures, other than salaries of members of the bargaining unit, which are feasible and consistent with the mission of the University as established by the Board of Trustees. 8. At the request of the President of the University, the President of the Association or the Chapter President, the parties shall meet and confer with respect to such recommendations. 9. The President may thereafter submit to the Board of Trustees such recommendations as they may deem appropriate concerning the responses to be made with respect to the financial exigency, including without limitation, but subject to the provisions of this Article, the retrenchment of any bargaining unit member or members together with a statement of the reasons therefor. They may also include in such recommendations measures to curtail expenditures consistent with the mission of the University as established by the Board of Trustees. They shall include with their recommendations a copy of the recommendations, if any, submitted by the President of the Association and the Chapter President. 10. The President, or their designee, shall provide the Chapter President with prior written notice of the meeting of the Board of Trustees at which such recommendations shall be considered or acted upon by the Board. 11. In accordance with the applicable Board of Trustees procedures, the Chapter President shall, upon request, address the Board with respect to such recommendations. In any case where any recommendation of the President has been referred to a standing or other subcommittee of the Board, the President of the Association and the Chapter President shall, upon prior written request, be provided an opportunity to meet with the Committee prior to its making any report or recommendation to the Board. 12. Thereafter the Board may take such actions, including the retrenchment of any member or members of the bargaining unit, as it may deem appropriate in response to the financial exigency. Such decision shall not be arbitrary or capricious. 13. Each administrator so retrenched shall receive written notice of the decision of the Board. They shall also be provided by the President with a written statement that their retrenchment was due solely to financial exigency and, upon request, with a letter of recommendation.

RETRENCHMENT PROCEDURES IN THE EVENT OF FINANCIAL EXIGENCY. The Parties recognize that should a Financial Exigency ever occur every reasonable measure should be taken, as is hereinafter provided, to curtail the operations of the affected University consistent with the preservation of the institution’s goals and objectives. 1. The President shall provide notification to both the President of the Association and the Chapter President of their his intent to recommend that the Board declare a financial exigency to exist prior to the submission of their his recommendation to the Board. 2. The President shall recommend to the Board that the Board declare a financial exigency to exist; a copy of their his recommendation shall be sent to the President of the Association and the Chapter President. 3. The President shall provide notice of the Board meeting at which their his recommendations are to be considered to the President of the Association and the Chapter President. 4. The Board shall meet, and the Board may decide to declare or not to declare that a financial exigency exists. 5. The President shall provide a copy of the decision of the Board to the Chapter President within 24 hours of the meeting of the Board. 6. Within five (5) calendar days of the meeting of the Board, the President shall provide to the Chapter President a copy of the information upon which the Board determined and declared a financial exigency to exist, together with: a. A copy of the applicable appropriation act or acts. b. A copy of the official account allocations of the University which shall include a statement of non-appropriated grants and trust funds, if any, including a statement of projected revenues and expenditures of such funds for the applicable fiscal period. c. A copy of the AA payroll for the preceding payroll period. d. The current seniority roster of the members of the bargaining unit at the University. 7. Within fifteen (15) calendar days of such meeting of the Board at which such financial exigency shall have been so declared, the Chapter President may submit to the President of the University the written recommendations of the Association to curtail expenditures, other than salaries of members of the bargaining unit, which are feasible and consistent with the mission of the University as established by the Board of Trustees. 8. At the request of the President of the University, the President of the Association or the Chapter President, the parties shall meet and confer with respect to such recommendations. 9. The President may thereafter submit to the Board of Trustees such recommendations as they he may deem appropriate concerning the responses to be made with respect to the financial exigency, including without limitation, but subject to the provisions of this Article, the retrenchment of any bargaining unit member or members together with a statement of the reasons therefor. They The may also include in such recommendations measures to curtail expenditures consistent with the mission of the University as established by the Board of Trustees. They He shall include with their his recommendations a copy of the recommendations, if any, submitted by the President of the Association and the Chapter President. 10. The President, or their his designee, shall provide the Chapter President with prior written notice of the meeting of the Board of Trustees at which such recommendations shall be considered or acted upon by the Board. 11. In accordance with the applicable Board of Trustees procedures, the Chapter President shall, upon request, address the Board with respect to such recommendations. In any case where any recommendation of the President has been referred to a standing or other subcommittee of the Board, the President of the Association and the Chapter President shall, upon prior written request, be provided an opportunity to meet with the Committee prior to its making any report or recommendation to the Board. 12. Thereafter the Board may take such actions, including the retrenchment of any member or members of the bargaining unit, as it may deem appropriate in response to the financial exigency. Such decision shall not be arbitrary or capricious. 13. Each administrator so retrenched shall receive written notice of the decision of the Board. They He shall also be provided by the President with a written statement that their his retrenchment was due solely to financial exigency and, upon request, with a letter of recommendation.