Common use of Retrenchment Clause in Contracts

Retrenchment. 1. Retrenchment is the elimination of position(s) held by bargaining unit member(s). The reasons retrenchment may occur include, but are not limited to, budget reductions, financial constraints, program changes or curtailment, position consolidation, organizational changes including outsourcing or contracting out, regulatory changes, or non-renewals or losses of grants, legislative appropriations, or other sources of external funding. Whenever retrenchment is implemented, the College agrees to bargain over the impact of retrenchment on the workload and/or responsibilities of remaining employees and compensation adjustments that may be appropriate due to an increase in workload or responsibilities. 2. No employee will be selected for layoff in an arbitrary or capricious manner. 3. In implementing retrenchment, the College retains the right to determine the area or areas of programs, services, departments, and positions to be affected; the number of employees affected; and the identification of individual employees to be laid off, subject to the provisions of this Agreement. 4. Retrenchment will be reserved for situations that cannot effectively be addressed by one or more alternatives, such as attrition, enhanced or incentivized voluntary resignation (the terms of which will be disclosed in writing to the Association), reduction of temporary employees, temporary hiring freeze, temporary moratorium on filling unencumbered positions, reassignment or transfer of employees (provided they are suitably qualified) to other units, reduced time options, and/or reduction of overtime. 5. The CHRO and Affirmative Action Officers will be responsible for monitoring the retrenchment process, including compliance with affirmative action guidelines. Subject to the parameters of USNH and College policy, appropriate administrators shall have the authority to eliminate positions in compliance with this Article. 6. The College shall notify the Association in writing of any planned retrenchment at least one hundred twenty (120) days prior to its implementation. In the written notice, the College will offer dates and times within the succeeding two (2) weeks for a meeting with the Association. At that meeting, the College will provide appropriate information and written documentation about the steps it has taken to avoid retrenchment and the consideration it has given to alternatives to retrenchment. The College agrees to make available to the Association financial and other data relating to the decision to lay off employees.‌ 7. When the College concludes that retrenchment is necessary, the following factors shall be considered in deciding which employee(s) shall be laid off: a. Professional qualifications and performance (as documented in annual written performance evaluations); b. Projected staffing needs and ability of bargaining unit member(s) to meet those needs; c. Affirmative action goals; d. Years of service at the College and in the System combined; e. When factors a., b., c., and d. are applied and the College determines that two bargaining unit members are otherwise indistinguishable for purposes of determining position elimination sequence, then years of service defined as total years of uninterrupted employment in the College shall be dispositive. f. If an employee identified for layoff under this section is 55 years of age or older at the time the layoff would become effective, then such employee shall be laid off only if the decision is first reviewed by the President of the College and the College’s legal counsel, and only if (a) the President certifies in writing that the decision to lay off such employee is warranted through application of the criteria in subsections a., b., c., and d., and (b) the legal counsel certifies in writing that those criteria were reasonably applied in reaching the decision to lay off such employee. 8. The College shall notify an employee as soon as reasonably practical if such employee’s position is to be eliminated under this Article. Notice shall be provided orally in the form of a meeting attended by the employee, the employee’s immediate supervisor, and a representative of Human Resources, with such meeting conducted humanely, privately, and with respect for all participants. The minimum written notice requirement is ninety (90) days, which may run concurrent with the one hundred twenty (120) day period of notification specified in Article V.

Retrenchment. 1. Retrenchment is the elimination of position(s) held by bargaining unit member(s). The reasons retrenchment may occur include, but are not limited to, budget reductions, financial constraints, program changes or curtailment, position consolidation, organizational changes including outsourcing or contracting out, regulatory changes, or non-renewals or losses of grants, legislative appropriations, or other sources of external funding. Whenever retrenchment is implemented, the College agrees to bargain over the impact of retrenchment on the workload and/or responsibilities of remaining employees and compensation adjustments that may be appropriate due to an increase in workload or responsibilities. 2. No employee will be selected for layoff in an arbitrary or capricious manner. 3. In implementing retrenchment, the College retains the right to determine the area or areas of programs, services, departments, and positions to be affected; the number of employees affected; and the identification of individual employees to be laid off, subject to the provisions of this Agreement. 4. Retrenchment will be reserved for situations that cannot effectively be addressed by one or more alternatives, such as attrition, enhanced or incentivized voluntary resignation (the terms of which will be disclosed in writing to the Association), reduction of temporary employees, temporary hiring freeze, temporary moratorium on filling unencumbered positions, reassignment or transfer of employees (provided they are suitably qualified) to other units, reduced time options, and/or reduction of overtime. 5. The CHRO and Affirmative Action Officers will be responsible for monitoring the retrenchment process, including compliance with affirmative action guidelines. Subject to the parameters of USNH and College policy, appropriate administrators shall have the authority to eliminate positions in compliance with this Article. 6. The College shall notify the Association in writing of any planned retrenchment at least one hundred twenty (120) days prior to its implementation. In the written notice, the College will offer dates and times within the succeeding two (2) weeks for a meeting with the Association. At that meeting, the College will provide appropriate information and written documentation about the steps it has taken to avoid retrenchment and the consideration it has given to alternatives to retrenchment. The College agrees to make available to the Association financial and other data relating to the decision to lay off employees.‌ 7. When the College concludes that retrenchment is necessary, the following factors shall be considered in deciding which employee(s) shall be laid off: a. Professional qualifications and performance (as documented in annual written performance evaluations); b. Projected staffing needs and ability of bargaining unit member(s) to meet those needs; c. Affirmative action goals; d. Years of service at the College and in the System combined; e. When factors a., b., c., and d. are applied and the College determines that two bargaining unit members are otherwise indistinguishable for purposes of determining position elimination sequence, then years of service defined as total years of uninterrupted employment in the College shall be dispositive. f. If an employee identified for layoff under this section is 55 years of age or older at the time the layoff would become effective, then such employee shall be laid off only if the decision is first reviewed by the President of the College and the College’s legal counsel, and only if (a) the President certifies in writing that the decision to lay off such employee is warranted through application of the criteria in subsections a., b., c., and d., and (b) the legal counsel certifies in writing that those criteria were reasonably applied in reaching the decision to lay off such employee. 8. The College shall notify an employee as soon as reasonably practical if such employee’s position is to be eliminated under this Article. Notice shall be provided orally in the form of a meeting attended by the employee, the employee’s immediate supervisor, and a representative of Human Resources, with such meeting conducted humanely, privately, and with respect for all participants. The minimum written notice requirement is ninety (90) days, which may run concurrent with the one hundred twenty (120) day period of notification specified in Article V.the

Retrenchment. 1. 17.1 Retrenchment is defined in this Agreement as the elimination termination of position(sBargaining Unit Faculty Member(s) held by bargaining unit member(s). The reasons retrenchment may occur include, but are not limited to, budget reductions, financial constraints, program changes or curtailment, position consolidation, organizational changes including outsourcing or contracting out, regulatory changes, or non-renewals or losses of grants, legislative appropriations, or other sources of external funding. Whenever retrenchment is implemented, the College agrees to bargain over the impact of retrenchment on the workload and/or responsibilities of remaining employees and compensation adjustments that may be appropriate due to an increase in workload or responsibilities. 2. No employee will be selected for layoff in an arbitrary or capricious manner. 3. In implementing retrenchment, the College retains the right to determine the area or areas of programs, services, departments, and positions to be affected; the number of employees affected; and the identification of individual employees to be laid off, subject to the provisions of this Agreement. 4. Retrenchment will be reserved for situations that cannot effectively be addressed by one or more alternatives, such with continuing appointments as attrition, enhanced or incentivized voluntary resignation (the terms of which will be disclosed in writing to the Association), reduction of temporary employees, temporary hiring freeze, temporary moratorium on filling unencumbered positions, reassignment or transfer of employees (provided they are suitably qualified) to other units, reduced time options, and/or reduction of overtime. 5. The CHRO and Affirmative Action Officers will be responsible for monitoring the retrenchment process, including compliance with affirmative action guidelines. Subject to the parameters of USNH and College policy, appropriate administrators shall have the authority to eliminate positions in compliance with this Article. 6. The College shall notify the Association in writing a result of any planned retrenchment at least one hundred twenty of the following three circumstances: (1201) days prior to its implementation. In the written notice, the College will offer dates and times within the succeeding two financial exigency; (2) weeks significant reduction in enrollment of a College, Department, or Program (here and elsewhere, meaning a program offered for credit) continuing over four or more academic semesters (not counting summer) and which is expected to persist; or (3) discontinuation of a meeting with College, Department or Program. Financial exigency means that severe financial problems exist which threaten the Association. At University’s ability to maintain its academic operations at an acceptable level of quality 17.2 Should the University President anticipate the need for retrenchment that meetingincludes termination of Bargaining Unit Faculty, the College will provide appropriate data and information and written documentation about the steps it has taken to avoid retrenchment and the consideration it has given to alternatives to retrenchment. The College agrees to make available to the Association financial and other data relating to the decision to lay off employees.‌ 7. When the College concludes that retrenchment is necessary, the following factors shall be considered in deciding upon which employee(s) shall be laid off: a. Professional qualifications and performance (as documented in annual written performance evaluations); b. Projected staffing needs and ability of bargaining unit member(s) to meet those needs; c. Affirmative action goals; d. Years of service at the College and in the System combined; e. When factors a., b., c., and d. are applied and the College determines that two bargaining unit members are otherwise indistinguishable for purposes of determining position elimination sequence, then years of service defined as total years of uninterrupted employment in the College shall be dispositive. f. If an employee identified for layoff under this section is 55 years of age or older at the time the layoff would become effective, then such employee shall be laid off only if the decision is first reviewed by the President of the College and the College’s legal counsel, and only if (a) the President certifies in writing that the decision to lay off such employee is warranted through application of the criteria in subsections a., b., c., and d., and (b) the legal counsel certifies in writing that those criteria were reasonably applied in reaching the decision to lay off such employee. 8. The College shall notify an employee as soon as reasonably practical if such employee’s position is to be eliminated under this Article. Notice based shall be provided orally to the AAUP-WSU. 17.3 The AAUP-WSU shall be provided access to and the opportunity to inspect and/or copy any information relevant to the anticipated retrenchment within ten (10) calendar days after the delivery of a written request to the Xxxxxxx. However, the AAUP-WSU is not entitled to any information that is confidential under any applicable law. In addition, the AAUP-WSU is entitled to view information in its existing form only. 17.4 Within sixty (60) calendar days after receipt of the data and information in Section 17.3 a joint Committee on Retrenchment, with three members appointed by the University and three members appointed by the AAUP-WSU, shall submit its advisory recommendations to the University President. Such recommendations may include ways to relieve the exigency by raising additional funds, by reallocating funds, or by cutting or eliminating specified activities. 17.4.1 In making its recommendations, the Committee on Retrenchment shall give consideration to long-term enrollment projections, the mission of the University as a whole, the continued accreditation of academic units, the effect on joint programs with other institutions, and the impact on the students registered in the form programs. 17.4.2 In the case of an anticipated reduction in size or discontinuation of a meeting attended by the employeeCollege, Department, or Program, the employeeCommittee on Retrenchment’s immediate supervisorrecommendations shall include consideration of– • its historical role and contributions in the University’s educational, scholarly and service mission, and a representative those long-range circumstances which may have changed to alter that role and those contributions; • the dependence of Human Resourcesother programs in the University on the College, with such meeting conducted humanelyDepartment, privatelyor Program; • duplication elsewhere in the University of courses, research or services offered through the Department, College or Program, and possible organizational arrangements which might serve as alternatives to discontinuation; • arrangements which can be made to allow students enrolled to satisfy degree or certificate requirements; • stature of its faculty and alumni, and the possible consequences to the academic stature of the University through discontinuation; • the periods of service and tenure status of its Bargaining Unit Faculty Members and an estimate of their possible usefulness elsewhere within the University; and • possible arrangements for planned phasing out of the College, Department, or Program as an alternative to abrupt discontinuation. 17.5 The President shall forward the recommendations of the Committee on Retrenchment along with respect for all participants. The minimum written notice requirement is ninety (90) days, which may run concurrent with his or her recommendations to the one hundred twenty (120) day period Board of notification specified in Article V.Trustees.