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Article 10 - Soft Money

A. 1. "Soft money appointment" shall mean an appointment which is the result of external funding from agencies, institutes or organizations over which the University has no financial control. The employment of a unit member with a soft money appointment shall be contingent upon such funding for the position. A unit member with a soft money appointment shall have no right to any reappointment beyond the length of the funding except as provided in this Article. The University, in the letter of appointment, shall clearly convey the intent of this section at the time of hire.

2. Appointments which are the result of soft money funding shall include a probationary period. The
length
of the probationary period shall be determined by the University but shall not exceed nine (9) months in length. Employment thereafter shall be contingent on continued funding from the granting agency for the position except as described in Section A.3. A unit member with a soft money appointment who has completed the probationary period for the position will not be terminated except for just cause. Written notice of cessation of employment as a result of discontinuation of funding from the granting agency shall be given as soon as possible to the unit member and to the Association. One month's notice of cessation shall be provided when possible. This notice shall be rescinded if continued funding for the position is obtained prior to the effective date of discontinuance.

3. a. In the event that bona fide financial or program reasons exist for the discontinuance of a unit
member with a soft money appointment, the University shall designate a unit within which such discontinuance may occur.

b. Unit members who occupy a position which will be eliminated within the designated unit may be retained in another position within the designated unit which will not be eliminated provided that:

i. the position to be retained is occupied by a unit member with less continuous, regular service at the campus; and

ii. retention of employment shall be in that position, if any, for which the unit member possesses skills, training, and qualifications which are at least substantially equal to those of the incumbent.

c. Selection for discontinuance among unit members within the designated unit shall be based upon assessment by the University of relative skills, experience and evaluations, the needs of the University, and affirmative action goals. When unit members within the designated unit are equal in regards to the aforementioned criteria, length of continuous University service at the campus shall determine the selection for discontinuance, with the least senior soft money employee's position discontinued first.

B. 1. A unit member with a soft money appointment who has completed the probationary period for the position and whose employment ceases pursuant to Section A of this Article shall be eligible to participate at his/her cost in University group life and health insurances for one year following the effective date of cessation of employment, except if recalled within three (3) months the University shall reimburse the unit member for the University's share of the premium payment.

2. Unit members recalled after such cessation of employment shall not be considered to have suffered a break in service for purposes of seniority and sabbatical eligibility.

C. 1. For two (2) years following the effective date of cessation of employment, such unit member who indicates a desire to be placed on a recall list, and who is not otherwise employed in an equivalent full-time University position, shall be offered reemployment in the same position at the campus at which previously employed at the time of cessation of employment should an opportunity for such reemployment arise. The unit member shall receive the same salary which was received at the time of cessation of employment plus any non-discretionary increases in salary or benefits received by the unit covered by this Agreement.

2. a. For two years following the effective date of cessation of employment, all persons on the recall list
shall regularly be informed of University position vacancy announcements in the unit by the campus of employment, for any other positions which result after completion of the procedures described in Article 7, Job Openings and Promotions, section B.1. University wide position openings will be posted at campus Human Resource offices or be made available by electronic media where such technology is available. A unit member may request forwarding of announcements by the campus of employment. It shall be the unit member's responsibility to keep the campus of employment advised of the unit member's current address for the purpose of sending vacancy announcements.

b. Upon application, persons on the recall list shall be offered reemployment in a substantially similar soft money position at the campus at which previously employed at the time of layoff should an opportunity for such reemployment arise. The unit member shall receive the same salary which was received at the time of cessation of employment plus any non-discretionary increases in salary or benefits received by the unit covered by this Agreement or the salary for the position if higher or lower.

c. Persons on the recall list shall be considered for any other vacancy described in Section C.2.a of this Article upon application together with active unit members at the campus at which the vacancy exists.

3. Any offer of appropriate reemployment pursuant to this Article must be accepted within fourteen (14) days after the date the offer is received. In the event such offer of reemployment is not accepted, the unit member shall receive no further consideration pursuant to this Article. The Association is not barred from grieving this section.

D. Unit members who desire to receive University life and health insurance and/or to be placed on a recall list in accordance with this Article must so notify the University in writing by no later than thirty (30) days after the effective date of cessation of employment. The University will inform unit members in writing prior to the effective date of cessation of employment of their eligibility to continue insurance coverage and to be placed on a recall list and the procedures to exercise either right.

E. The University shall establish a recall list and promptly supply the Association with the list and any subsequent changes in said list.

F. For two (2) years following the effective date of cessation of employment, a unit member who is on the recall list shall be eligible for one-half of the tuition waiver benefit described in Article 20, Section A only.

G. Soft money unit members whose employment ceases as a result of discontinuation of funding shall receive the following amounts of economic assistance:

3 through 6 years of service $2,000
6 through 10 years of service $3,000
10 or more years of service $4,000

This economic assistance pay shall be funded up to the amount of $45,000 which shall be the University's total liability under this section for the term of the agreement.