Article 12: Reduction-In-Force (RIF)

12.1

Because the College's staffing must be expanded and/or reduced for good faith reasons identified by the College including, but not limited to, fluctuations in enrollment,  availability of funding, or course or program termination, it may be necessary to reduce the number of employees or re-assign employees from full-time to partial RIF status.

12.2

If the elimination or cutback of an instructional program is determined necessary by the College and results in either a lay off or reduction to partial RIF status of any employee, the Institution shall inform the Union and the effected employees of the anticipated lay-off or reduction in writing no less than twenty (20) calendar days prior to the implementation of the layoff or reduction. The Union shall be provided the opportunity to submit a written plan to the College setting forth a plan how the lay-off or reduction may be avoided no less than five (5) days after receiving the written notice from the College. If the Union does not respond within the five (5) day period, the College shall not be prevented from proceeding with its anticipated lay-off or reduction. The College shall consider the Union's plan before implementing the RIF or any other plan. The parties agree that in the event such notice as described above occurs at the end of a term or during any break period, excluding days when the college is closed, the days between terms or during the break shall be considered days for the purpose of this notice.  

12.3

Prior to the implementation of a lay-off or reduction, the affected employee(s) will be re-assigned to another bargaining unit position(s) for which the employee(s) is (are) qualified if such positions are available. Additionally, if fully qualified, the affected employee may be assigned courses or assignments outside their academic discipline or in other departments.

12.3.1

An employee may be assigned alternative duties by the department in order to eliminate or decrease the need for a layoff or reduction to partial RIF status. The employee and the dean shall meet to discuss alternative assignments including not limited to such assignments as textbook review, curriculum review and development, program assessment or research. Employees laid off shall have pay stopped effective with last day of work.

12.3.2

An employee on partial RIF status during the fall and spring terms and who has not been given other duties or release time shall be paid on a pro rata basis.

12.3.3

An employee on partial RIF status during the summer term shall have their pay calculated as if they had requested and been approved for a reduced summer workload.

12.3.4

The provisions of this Article shall also be applicable to program offerings that change from three (3) terms to two (2) terms.

12.4

Persons retained as full-time faculty will be selected according to the skills needed to operate the programs involved, with seniority governing when two (2) or more employees are judged to have relatively equal skills and performance records. Equal skill shall be judged on occupational or discipline skills in the affected area and on teaching competencies. Performance will be judged on job evaluations. Only significant disparities between the two instructors' discipline skills and teaching competencies, as reflected in evaluations fro, recent years' service, will be used to override the seniority rule.

12.5

An employee reinstated within one (1) year after lay-off shall be entitled to seniority previously accrued during employment, all previous credit and standing granted on the pay plan for those reinstated to full-time positions and the reinstatement of leave balances.

12.6

A laid-off employee shall be placed on a recall list for one (1) year. Employees shall be reinstated to positions for which they are qualified as determined by the departments in reverse order of lay-off. Employees on partial RIF status may continue in that status for an indefinite period, but will be returned to full time status prior to the recall of a laid off employee who is judged to have relatively equal skill and performance.