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Article 9 - Layoff and Recall

A. "Layoff' shall mean the discontinuance of a unit member with a continuing appointment at any time for bona fide financial or program reasons.

B. The University shall designate the layoff unit within which layoff may occur and the positions within said layoff unit which will be eliminated.

1. Unit members within the designated layoff unit shall be grouped into the following categories:

a. unit members without continuing appointments.

b. unit members with continuing appointments with less than five (5) years of relevant University service.

c. unit members with continuing appointments with at least five (5) years, but less than ten (10) years of relevant University service.

d. unit members with continuing appointments with at least ten (10) but less than fifteen (15) years of relevant University service.

e. unit members with continuing appointments with fifteen (15) or more years of relevant University service.

2. Unit members who occupy a position which will be eliminated within the designated layoff unit may retain employment in another position within the layoff unit which will not be eliminated provided that:

a. The position to be retained is occupied by a unit member in a lower designated category;

b. Retention of employment shall be in that position, if any, which is occupied by a person in the lowest category in the layoff unit for which the unit member in the position to be eliminated possesses skills, training and qualifications necessary to perform the services to be maintained.

c. Qualifications referenced in 9.B.2b as determined by the University shall be reasonably related to the services to be maintained.

3. Selection for layoff among unit members within the same category in the layoff 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 same category in the layoff unit are equal in regards to the aforementioned criteria, length of continuous University service at the campus shall determine the selection for layoff, with the least senior employee laid off first.

C. 1. Unit members with continuing appointments with less than five (5) years service shall receive at least six (6) months notice of layoff in writing or four (4) months pay in lieu of notice. Unit members with continuing appointments with five (5) or more years of service shall receive at least six (6) months notice of layoff or the equivalent in pay in lieu of notice; with the agreement of the affected unit member, a combination of notice and pay in lieu of notice totaling six months may be provided. The following shall be the additional months of severance pay received by unit members with continuing appointments after active employment ceases based on their length of service:

Years of Service Severance Amount in Months

less than 2 years ½
at least 2 but less than 6 years 1
at least 6 but less than 8 years 2
at least 8 but less than 10 years 3
at least 10 but less than 12 years 4
at least 12 but less than 14 years 5
at least 14 but less than 16 years 6
at least 16 but less than 18 years 7
at least 18 but less than 20 years 8
at least 20 but less than 22 years 9
at least 22 but less than 24 years 10
at least 24 but less than 26 years 11
26 years or over 12

One-half of the number of months of additional severance pay for which the unit member is eligible will be paid as a lump sum payment at the time of layoff. For this purpose, the number of months to be paid as a lump sum will be rounded to the next full month if a fraction. Severance pay which is paid as a lump sum will be unaffected by future employment with the University. The remainder of the severance pay shall be paid on a monthly basis for the number of months remaining in the severance pay period. If the unit member is re-employed by the University during this portion of the severance pay period, remuneration under this Article shall be reduced by the amount of salary paid in the position in which re-employed. Severance payments shall include the University's contribution to the TIAA-CREF retirement plan and deductions for the unit member's contribution to TIAA-CREF retirement plan shall be made from the severance payments.

2. Unit members who have been laid off shall be eligible to participate at their cost in University group life and health insurance for one (1) year following the effective date of layoff, except if recalled within three (3) months, the University shall reimburse the unit member for the University's share of the premium payment.

3. Unit members who have accumulated unused annual leave balances shall be reimbursed for such balance in accordance with Article 19, Section D.3.

4. Unit members who have unused, accumulated compensatory time shall be paid for such time provided that the compensatory time was accumulated in accordance with Article 14, and that the unit member and his or her supervisor make a reasonable effort to reduce the unused compensatory time balance between notification of the layoff and the effective day of the layoff.

5. Unit members recalled after layoff shall not be considered to have suffered a break in service for purposes of seniority and sabbatical eligibility.

D. In lieu of layoff or displacement a unit member under this section may voluntarily be placed by the University in a vacant continuing appointment eligible position in the bargaining unit for which the unit member is qualified. This provision shall supersede the provisions of Article 7. Section B. All offers and acceptances shall be in writing.

E. 1. For two (2) years following the effective date of layoff, a unit member who has been laid off, 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 layoff should an opportunity for such reemployment arise. The unit member shall resume the continuing appointment upon recall. The unit member shall receive the same salary which was received at the time of layoff plus any non-discretionary increases in salary or benefits received by the unit covered by this Agreement.

2. a. For two (2) years following the effective date of layoff all persons on the recall list shall regularly be
informed of University position vacancy announcements in the unit by the campus of layoff 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 layoff. It shall be the unit member's responsibility to keep the campus of layoff 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 position at the campus at which previously employed at the time of layoff should an opportunity for such reemployment arise. The unit member shall resume the continuing appointment upon recall. The unit member shall receive the same salary which was received at the time of layoff 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 E.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.

F. 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 layoff. The University will inform unit members in writing prior to the effective date of the layoff of their eligibility to continue insurance coverage and to be placed on a recall list and the procedures to exercise either right.

G. For two (2) years following the effective date of layoff, a unit member who was hired before July 1, 1997, and who has been laid off and who is on the recall list shall be eligible for one-half of the tuition waiver benefit described in Article 20, Section A only.

H. When a layoff is ordered, the University shall inform the Association of the designated layoff unit and of the titles of positions to be eliminated and shall make available to the Association in a timely manner all information upon request.

I. In the event of layoffs the University shall establish a recall list and promptly supply the Association with the list and any subsequent changes.

J. This Article does not refer to unit members with probationary, soft money or non renewable fixed length appointments.

Last changed on Thursday, May 09, 2002