ARTICLE FIVE
STAFF REDUCTION

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, '1program area,'9 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 part4ime and temporary 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:

Paragraph 5.331

Total professional employment experience with the Board.

Paragraph 5.332

Total professional employment experience in other higher-education institutions.

Paragraph 5.333

Educational preparation, post-graduate training, and employment experience.

Paragraph 5.334

Relative skill, ability, and performance as determined through the evaluation procedure provided in this Agreement.

Paragraph 5.335

Affirmative action laws.

Paragraph 5.336

The program area in which the layoff occurs.

Subdivision 5.34 Tenured Faculty - Order of Lavoff

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, s/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 Vice President and Provost 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 Vice President and Provost 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 Accent

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.