Layoff and Recall
30.1 Layoff
(a) When a layoff is to occur as a result of adverse financial circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; or curtailment or abolition of one or more programs or functions; the University shall notify the UFF no less than thirty (30) days prior to taking such action.
(b) Layoff Unit. The layoff unit may be at an organizational level of the university, such as a campus, division, college/unit, school, department/unit, area, program, or other level of organization as the University deems appropriate.
30.2 Layoff Considerations. The selection of employees in the layoff unit to be laid off will be determined as follows:
(a) No tenured/continuing multi-year/permanent status employee shall be laid off if there are non-tenured/ non-permanent status employees in the layoff unit.
(b) No employee in a Non-tenured/non-permanent status position in the layoff unit with more than five (5) years of continuous university service shall be laid off if there are any such employees with five (5) years or less service.
(c) The sole instance in which only one (1) employee will constitute a layoff unit is when the functions that the employee performs constitute an area, program, or other level of organization at the University.
(d) The provisions of 30.2(a) and (b) will apply unless the University determines an Affirmative Action employment program will be adversely affected. When an Affirmative Action Program has been so affected, the University shall notify UFF in writing.
(e) Where employees are equally qualified under (a) or (b) above, those employees will be retained who, in the judgment of the University, will best contribute to the institutional mission and purpose. In making such judgment, the University shall carefully consider employees' length of continuous university service, and take into account other appropriate factors, including but not limited to performance evaluation by students, peers, and supervisors, and the employee's academic training, professional reputation, teaching effectiveness, research record or quality of the creative activity in which the employee may be engaged, and service to the profession, community, and public.
(f) No tenured/continuing multi-year/permanent status employee shall be laid off solely for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.
(g) The University shall notify the UFF in writing regarding the use of adjunct and other non-unit faculty in those departments/units where employees have been laid off. The use of adjunct and other non-unit faculty in departments/units where employees have been laid off may be the subject of consultation meetings.
30.3 Alternative/Equivalent Employment. The University shall make a reasonable effort to locate appropriate alternate or equivalent employment for laid-off employees and shall share the results of the effort with the person affected.
30.4 Notice. Employees should be informed of layoff as soon as practicable and, where circumstances permit, employees with three or more years of continuous university service should be provided at least one (1) year's notice; those with less service with at least six (6) months’ notice. Employees who have received notice of layoff shall be afforded the recall rights granted under Sections 30.3 and 30.5. Formal written notice of layoff is to be sent certified mail, return receipt requested, or delivered in person to the employee with written documentation of receipt obtained. The notice shall include effective date of layoff; reason for layoff; reason for shortened period of notification, if applicable; a statement of recall rights; a statement of appeal/grievance rights and applicable deadlines for filing; and a statement that the employee is eligible for consideration for retraining for a period of two years following layoff.
30.5 Re-employment/Recall.
(a) For a period of two years following layoff or for employees appointed to a fixed multi-year appointment, not to exceed the length of their last employment contract, not to exceed two (2) years, an employee who has been laid off and who is not otherwise employed in an equivalent full-time position shall be offered re-employment in the same or similar position at the University should an opportunity for such re-employment arise. It shall be the employee’s responsibility to keep the University advised of the employee’s current address. Any offer of re-employment pursuant to this section must accepted within fifteen (15) days after the date of the offer, such acceptance to take effect not later than the beginning of the semester immediately following the date the offer was made. In the event such offer of re-employment is not accepted, the employee shall receive no further consideration pursuant to this Article. Employees appointed to a fixed multi-year appointment who are recalled shall be offered re-employment not to exceed the length of their last employment contract. The University shall notify the UFF when an offer of re-employment is issued.
(b) An employee who held a tenured/continuing multi-year/permanent status appointment on the date of termination by reason of layoff shall resume the tenured/continuing multi-year/permanent status appointment upon recall.
(c) The employee shall receive the same credit for years of service for purposes of layoff as held on the date of layoff.
(d) Employee Assistance Programs. Consistent with the University’s Employee Assistance Program, employees participating in an employee assistance program who receive a notice of layoff may continue to participate in that program for a period of ninety (90) days following the layoff.
30.6 Limitations. The provisions of Section 30.2 through 30.5 of this Agreement shall not apply to employees:
(a) on “soft money,” e.g., contracts and grants, sponsored research funds, and grants and donations trust funds;
(b) on fixed multi-year appointments;
(c) on a visiting appointment;
(d) who have received notice of non-reappointment; or
(e) who are appointed for less than one academic year.