Section 5.0 Attrition
When a staff reduction occurs, it shall be accomplished through attrition wherever possible.
Section 5.1 Notice
Prior to informing any Faculty Member of layoff, the Board shall notify the United Faculty of the possible layoff(s) and shall give the United Faculty reasonable time to consult with the Board.
Section 5.2 Definition
Definition of the term, "program area," for the purposes of specific implementation of this Article, will be made, if possible, by agreement between the Board and United Faculty. Where such agreement is not reached in a reasonable time, the Board shall provide a reasonable definition of the term, "program area."
Section 5.3 Order of Reduction
In the event that a staff reduction occurs, the Board shall lay off Faculty Members in accordance with the following standards:
Subdivision 5.31 Tenured Faculty
A Faculty Member with tenure shall not be laid off as long as a probationary, temporary, or term Faculty Member remains in the program area where the layoff occurs.
Subdivision 5.32 Probationary Faculty
Full-time probationary Faculty Members shall not be laid off as long as part-time, temporary, and term Faculty Members remain in the program area where the layoff occurs. When this clause is used by the University, the University shall provide the appropriate seniority list to implement this clause.
Subdivision 5.33 Criteria for Reduction-Nontenured
In determining which nontenured Faculty Member in the program area where the layoff occurs is to be laid off, the following criteria are to be used:
Total professional employment experience with the Board.
Total professional employment experience in other higher-education institutions.
Educational preparation, post-graduate training, and employment experience.
Relative skill, ability, and performance as determined through the evaluation procedure provided in this Agreement.
Affirmative action laws.
The program area in which the layoff occurs.
Subdivision 5.34 Tenured Faculty – Order of Layoff
Layoffs of tenured Faculty Members in a program area shall be made in inverse order of number of years of service on this faculty. When this clause is used by the University, the University shall provide the appropriate seniority list to implement this clause.
Subdivision 5.35 Tenured Faculty – Transfer
When a tenured Faculty Member is subject to layoff, she/he shall be eligible to transfer to any vacant position in the Bargaining unit for which the Faculty Member possesses the necessary educational preparation, professional qualifications, and the appropriate terminal degree under current standards.
Section 5.4 Recall
Faculty Members laid off shall be eligible for recall at the same tenure and rank that had been accumulated at the time of layoff.
Subdivision 5.41 Probationary Faculty
Any probationary Faculty Member who has been laid off due to retrenchment shall be placed on a recall list for three (3) years and shall be recalled for positions in the bargaining unit for which the Faculty Member possesses the necessary educational preparation and professional qualifications.
Subdivision 5.42 Tenured Faculty
Any tenured Faculty Member shall be continued on the recall list indefinitely, upon request to be renewed annually after the third (3rd) year, and shall be recalled for positions in the bargaining unit for which the Faculty Member possesses the necessary educational preparation and professional qualifications.
Subdivision 5.43 Recall Order
Faculty Members qualified under Subdivisions 5.31 and 5.32 shall be recalled in inverse order of layoff.
Subdivision 5.44 Hiring Restrictions
No new Faculty Member shall be hired for a teaching position in the same program area so long as the laid-off Faculty Member qualified under Subdivisions 5.31 and 5.32 retains recall rights.
Subdivision 5.45 Notification
The employer shall notify each employee laid off, pursuant to this Article, of vacant positions in the bargaining unit as such vacancies occur. Notice shall be given by certified mail, return receipt requested. The United Faculty also shall be informed of vacancies.
Subdivision 5.46 Current Address
The Provost and Vice President shall be kept informed by the terminated employee of current addresses, telephone numbers, interest in recall, and areas in which the Faculty Member claims qualification.
Section 5.5 Vacancies
When a vacancy occurs within sixty-ten (60-10) days of the start of a semester, the Faculty Member may decline the recall while retaining all recall rights for the future.
Subdivision 5.51 Recall Notice
When accepting recall under this Section, the Faculty Member shall contact the Office of the Provost and Vice President for assignment within twelve (12) calendar days of the date the recall notice is delivered. Such notice shall be by certified mail, return receipt requested.
Subdivision 5.52 Failure to Report
Failure, after acceptance of recall under this Section, to report for work as specified in the assignment or within thirty (30) days of receipt of notice of recall, whichever is later, shall result in loss of recall rights.
Subdivision 5.53 Failure to Respond
Failure to respond to recall under this Section within twelve (12) calendar days of receipt thereof shall constitute a declining of the recall.
Section 5.6 Procedures for Recall
The procedures of this Section apply when notice of recall is sent to a Faculty Member at least sixty-one (61) days in advance of the beginning of the semester in which the vacancy is to be filled.
Subdivision 5.61 Vacancy Notice
When a vacancy occurs, each eligible Faculty Member may be sent a vacancy notice, which shall include the number of faculty having higher priority for recall for that vacancy.
Subdivision 5.62 Failure to Accept
A Faculty Member on a recall list who receives notice of recall and who does not accept the recall within thirty (30) days of the receipt of the notice of the vacancy or twelve (12) days of the notice of recall, whichever is later, shall lose recall rights.
Subdivision 5.63 Failure to Report
A Faculty Member on recall list who accepts recall and who does not report for work on the first (1st) day of the specified semester shall lose recall rights.
Section 5.7 Temporary Replacements
When a vacancy occurs during or within ten (10) calendar days of the start of a semester or summer term, the Board may employ a Temporary Instructor for the balance of that term.