7.1 In the event the Employer determines that it is necessary to reduce the number of bargaining unit employees, or to discontinue a position to which a bargaining unit member is assigned, or to eliminate a program or department in whole or in part, or to reorganize a program or department in whole or in part; whether due to lack of work, reallocation of resources, change in institutional priorities, general or specific declines in student enrollment, efficiency or economy of operations, budgetary reductions, or similar reasons; the Employer agrees to provide the affected laid off employee and the Union with the following periods of notice:

(a) 0 to 1 year of service 15 working days' notice

(b) 1 through 3 years of service 25 working days' notice

(c) 4 through 6 years of service 60 calendar days' notice

(d) 7 through 9 years of service 90 calendar days' notice

(e) over 10 years of service 6 months' notice

The decision as to the number of employees to be laid off shall not be grievable.

7.2 If a layoff begins before the required period of written notice is satisfied, the affected employee shall be paid salary and annual leave that would have been accrued, and health, dental, optical, life and retirement fringe benefits, if applicable, shall be continued for the balance of the required notice period. The Consolidated Omnibus Budget Reconciliation Act (COBRA) entitles employees who are laid off to be offered continuation of health care and other fringe benefit coverage under conditions specified by law.

7.3 When contemplating the displacement of an employee, the Employer will consider options, including retraining, which would enable the Employer to retain the affected employee. In event of a layoff, the Employer shall inform the Union President of its contemplated actions. Such notice shall be given at least fourteen (14) days prior to any layoff notices being sent to bargaining unit employees. If the Union so requests, the Employer shall meet with the Union prior to the mailing of any layoff notices. At such meetings, the Union may present to the Employer for consideration by the Employer any proposals it may have regarding the layoff or how it will be accomplished. When a bargaining unit position in a department is to be reduced through a layoff, the following order of work force reduction shall apply:

(a) Any "temporary" employee doing bargaining unit work in the affected department will be terminated prior to the layoff of a regular bargaining unit employee, provided that the remaining employees have the ability to satisfactorily perform the available work.

(b) Any "interim" employee doing bargaining unit work in the affected department will be terminated prior to the layoff of a regular bargaining unit employee, provided that the remaining employees have the ability to satisfactorily perform the available work.

(c) Within an affected department, probationary bargaining unit employees will be terminated prior to the layoff of a seniority employee, provided that the remaining employees have the ability to satisfactorily perform the available work.

(d) Within an affected pay grade in a department, the employee with the least seniority shall be the first subject to layoff, provided that the remaining employees have the ability to satisfactorily perform the available work.

7.4 If an employee is laid off pursuant to Section 7.3, then the employee shall be placed in a vacant position within his/her pay grade level, provided they are qualified for the position. If there is no vacancy, then such laid off employee shall have the right to bump the least senior employee in the same or in a lower pay grade in the bargaining unit provided that such laid off employee is qualified for the position into which he is bumping. If the bumping employee is not qualified to displace the least senior employee in the bumping employee's pay grade, he shall bump the next least senior employee in the pay grade provided that the bumping employee is qualified for the position into which he is bumping. This process will be continued until the employee is either placed in the employee's own pay grade, is placed in successive lower pay grade, or is laid off. An individual who is bumped according to this procedure shall have the same bumping rights with regard to other bargaining unit positions.

7.5 An employee who is given a layoff notice under Section 7.3 shall promptly notify the Director of Human Resources or the Director's designee whether or not the employee wishes to exercise bumping rights pursuant to Section 7.4. An employee who chooses not to exercise bumping rights shall be laid off in accordance with the notice provided in Section 7.1.

7.6 An employee who is laid off and who cannot exercise bumping rights pursuant to Section 7.4 shall be offered any position in the bargaining unit which is vacant at the time of layoff and which the Employer intends to fill, provided that the employee is qualified for the job opening. In the event two (2) or more employees laid off at the same time are equally qualified for the vacant position, the most senior employee shall be offered the position first.

7.7 When an opening occurs in a pay grade from which a bargaining unit employee has been laid off, an employee laid off shall, during a period of two (2) years from the date of the employee's layoff, be eligible for recall to such an opening, provided that the employee is qualified for the open position. If two (2) or more employees on layoff are equally qualified for the job opening, the most senior employee shall be offered the position first. All rights to recall shall terminate either upon expiration of two (2) calendar years from the date of layoff or after a period equal to the length of an employee's seniority, whichever is shorter, or in the event that a laid off employee does not notify the Director of Human Resources or the Director's designee within five (5) working days of his intent to return to work or fails to report to work within ten (10) working days after a notice of recall received by certified mail.

7.8 For the purposes of the Employer's determination and judgment as to who is "qualified," the following conditions shall apply to any placement specified in Sections 7.3 through 7.7:

(a) the subject employee must possess the qualifications (including degree requirements, educational background, and training) to do the work; and

(b) the subject employee must have the ability (defined as "can perform the work with no more than normal supervision") to perform the duties of the position.

7.9 Whenever two (2) or more bargaining unit members have the same seniority date, the last four (4) digits of the affected bargaining unit member's Social Security numbers shall be examined and the person with the lower number shall be deemed to have greater seniority.

In the event the University is faced with severe economic problems, or if used to avoid a layoff as specified in Article 7, the University may temporarily lay off bargaining unit members without application of the Layoff or Recall Procedures. Such temporary layoffs will not exceed a total of seven (7) days per contract year or two (2) days per pay period, and the Union will be notified before such layoffs are implemented. This provision will affect salary, and retirement and Social Security contributions only.

9.1 Definition. Grant and contract employees are employees paid in whole or in part from accounts financed by grants, contracts, gifts, income from endowment funds, and separate special-purpose state appropriations which are restricted at the direction of the sources for particular purposes, functions, or activities.

9.2 Posting of grant and contract positions shall specifically state the duration of the grant or contract. Grant and contract employees will be paid within the salary range of the classification to which they are assigned and will be entitled to all fringe benefits that nongrant employees are entitled.

9.3 A grant employee becomes a regular employee after the expiration of the grant employee's probationary period except as specified below.

9.4 Termination or layoff of any grant and contract employee due to the expiration or reduction of grant and contract funding shall not be grievable.

9.5 Grant and contract employees are allowed and shall be required to take their annual leave prior to the expiration of the grant. If it is not possible, for any reason given by the Employer, then the employee shall be paid for unused annual leave upon termination.

10.1 The Employer acknowledges the concept of progressive discipline and shall not discharge employees or take other disciplinary action without just cause.

10.2 Disciplinary action will not be taken, except in cases requiring immediate suspension or discharge or in cases involving the violation of Federal and/or State law, unless the supervisor has previously held a corrective interview with the employee for the purpose of identifying perceived work-related problems or behavior. If the supervisor prepares a written record of the corrective interview, the employee will be apprised of such documentation and will be given the opportunity to prepare a brief written response.

Neither the Union nor the affected employee has recourse through the Grievance Procedure with respect to the corrective interview. Although this preliminary step must be taken prior to invoking the formal disciplinary process, this Section in no way affects a supervisor's discretion with respect to the evaluation process.

10.3 When the Employer conducts an investigatory interview for the purpose of considering disciplinary action, the employee will be given notice prior to the interview that discipline may result from the interview.

10.4 A discharged or suspended employee who is required to leave the property of the Employer will be allowed to discuss the discharge or suspension with the steward of the district, and the Employer will make available an area where the employee may do so. Upon request, a representative of the Employer will arrange to meet with the discharged or suspended employee and his steward prior to the employee leaving the premises. Exception may be made to this provision when immediate action is taken by the University to remove an employee from the premises in cases involving safety, violence, willful destruction of property, or similar cases.

10.5 Should a discharged or suspended employee consider the discharge or suspension to be improper, the employee may present a grievance in writing through the Chief Steward of the Grievance Committee to the Director of Human Resources, or the Director's designee, at the second step of the Grievance Procedure within three (3) working days of receipt of written notice by the Chief Steward (or if unavailable, member of the Grievance Committee, or the Union President) of the suspension or discharge.

10.6 Should an employee who receives a written reprimand consider the discipline to be improper, a grievance may be initiated at the first step of the Grievance Procedure.

10.7 The University agrees upon the discharge, suspension, or discipline of an employee to promptly notify, in writing, the employee and the steward of the employee's district of the discharge, suspension, or discipline. The University also agrees to provide the steward with a copy of such notice and place a copy in the employee's personnel file.

10.8 In taking disciplinary action, the Employer shall not take into account any prior incidents which occurred more than five (5) years previously.

10.9 The Employer, at its discretion, may offer an employee an opportunity to resign as an alternative to dismissal. If such an offer is made, it shall remain in effect for two (2) working days after it is made.

11.1 Promotions and transfers to job openings in this bargaining unit shall be made to the applicant who is best qualified for the position. Position postings shall be made in accordance with Article 13. The Employer will review all bargaining unit applications and interview all qualified bargaining unit applicants. If, after completing the bargaining unit interview process, the Employer chooses to consider other applicants, the Employer may conduct an external (nonbargaining unit members) search for candidates who possess the desired qualifications. The bargaining unit President will be notified in writing if the Employer initiates an external search. If the external search fails to disclose an appropriate applicant, the Employer reserves the right to either select the best qualified bargaining unit applicant for the position, to not fill the position, or to initiate a second search. When an applicant from within the bargaining unit and an applicant from outside the bargaining unit are equally qualified, the bargaining unit applicant shall be given preference. When two (2) or more bargaining unit applicants are equally qualified, seniority shall govern.

11.2 Seniority, general performance, attendance, discipline record, training, job skills, education, work experience in a department where the opening exists, other related work experience, interpersonal skills, and the overall needs and interests of the University shall be among the factors in determining the qualifications of an applicant for a promotion or transfer. Each individual bargaining unit candidate is responsible for ensuring that his application for an opening accurately sets forth whatever qualifications he desires the Employer to consider in evaluating his candidacy, and that the records of the University or other knowledge made known by him to the University indicate his qualifications for the opening.

11.3 Starting salaries for employees promoted or reclassified to a position in a higher pay grade may reflect the following increase:

11.3.1 For one (1) pay grade level higher, the employee shall be paid a seven percent (7%) increase above their current base salary or if the new salary reflects a rate less than the minimum rate of the higher pay grade, the employee shall be paid at the minimum rate of the higher pay grade.  If the seven percent (7%) increase places an employee above the maximum, then the employee shall receive the portion of the seven percent (7%) which will bring the employee to the maximum and the remainder of the seven percent (7%) as a bonus payable biweekly.  Employees at or above the maximum before any increase will receive the entire seven percent (7%) as a bonus payable biweekly.

11.3.2 For two (2) pay grade levels higher, the employee shall be paid a ten percent (10%) increase above their current base salary or if the new salary reflects a rate less than the minimum rate of the higher pay grade, the employee shall be paid at the minimum rate of the higher pay grade.  If the ten percent (10%) increase places an employee above the maximum, then the employee shall receive the portion of the ten percent (10%) which will bring the employee to the maximum and the remainder of the ten percent (10%) as a bonus payable biweekly.  Employees at or above the maximum before any increase will receive the entire ten percent (10%) as a bonus payable biweekly.

11.3.3 Exceptions may be made to the ten percent (10%) and seven percent (7%) guidelines pursuant to Section 21.1.

11.4 Temporary Transfer. A temporary transfer is defined as the movement of an employee to a position within the same department or to another department due to sickness, accident, disciplinary layoff, vacation, leaves of absence, or sudden and unexpected fluctuation in a department's activity. An attempt shall be made to effect such action on a voluntary basis. If there are no qualified volunteers, the Employer may proceed to effect the action. When there is a temporary transfer of an employee to a position in a higher classification, the employee will be paid ten percent (10%) above the employee's current salary for the length of the transfer if the change extends beyond four (4) weeks.

11.5 Temporary Assignment. A temporary assignment is defined as the addition of new job duties not inherent, implied, or otherwise a part of an employee's current realm of responsibilities assigned to the same position due to sickness, accident, disciplinary layoff, vacation, leaves of absence, or sudden and unexpected fluctuation in a department's activity. An attempt shall be made to effect such action on a voluntary basis. Before a supervisor adds a temporary assignment, the supervisor shall consider assigning the additional duties to a qualified less than 1.0 FTE employee in the same department. If the addition of new job duties and responsibilities are assigned to an employee's position by the Executive or Senior Management member, the employee will be paid ten percent (10%) above the employee's current salary for the length of the assignment if the change extends beyond four (4) weeks.

11.6 It is understood that it is not the intent of the Employer to erode the bargaining unit through the use of temporary transfers. A temporary transfer or assignment shall not exceed a four- (4) month period (subject to Section 17.3), at which time the employee will be returned to the employee's former position. If the position is still required after four (4) months, it will be posted in the normal manner as provided in Article 13, unless the absent employee is expected to return in the near future, or the fluctuation in the department's activity is expected to decrease in the near future. All temporary assignments or transfers shall be effected in writing by the Employer with copies to the bargaining unit member and the President of the bargaining unit.

11.6.1 Should outside recruitment prove necessary in filling a temporary position, employees who are laid off and qualified will be given first consideration. In the event that two (2) or more laid off employees are qualified, seniority will govern.

11.7 Interim Appointments. An employee will be considered "interim" if temporarily assigned to a vacant established or anticipated position which is expected to take longer than four (4) months to fill. An employee assigned to an interim appointment will be eligible for benefits as outlined in Article 19. Such "interim" assignment shall not extend beyond ten (10) months unless by mutual agreement.

11.8 In the event of a reorganization that affects bargaining unit members, the Director of Human Resources, or the Director's designee, shall inform the Union President of its contemplated actions. Such notice shall be given as soon as practicable prior to the implementation of the proposed reorganization. The Union may request a Special Conference with the Director of Human Resources, or the Director's designee, to discuss concerns the Union may have prior to the implementation of such reorganization.

11.9 Transfers Due To Illness, Injury, or Disability

11.9.1 The Employer will make a reasonable effort to reassign employees partially incapacitated as a result of an accident or disease or employees who, because of health or other disability, are not able to continue in their present position. Such reassignment may be made only to a vacant position which the employee is capable of performing.

11.9.2 The regular posting procedure shall not apply to such reassignment.