Provost & Academic V.P. Western Illinois University 1 University Circle 211 Sherman Hall Macomb, Illinois 61455 Phone: 309/298-1066 E-mail: PS-Brown@wiu.edu

WIU/UPI Agreement 2001-2005

Article 23: Program Reorganization

23.1. Notification of Intent to Reorganize

When plans are undertaken to reorganize a department or unit, all affected employees shall be notified of such plans and given an opportunity to respond prior to the reorganization.

23.2. An employee's probationary status, tenure, faculty rank, eligibility for consideration for promotion and/or PAA, eligibility for leave without salary, or eligibility for the compensable fringe benefits specified in Article 27 shall not be affected by a reorganization which results in the employee's transfer within the University.

23.3. An employee who has been transferred to a different department as a result of reorganization and who has applied for tenure in the new department shall be subject to the educational requirements for tenure of her or his former department if such requirements are less stringent than those of the new department.

23.4. During the first academic year of operation of a department created as a result of a reorganization, an employee will be evaluated for retention, promotion, or tenure in accordance with the Department Criteria of her or his former department unless the timing of the reorganization is such that a statement of Department Criteria for the new department can be adopted and implemented pursuant to Article 20.

23.5. By November 1 of the first academic year of operation of a department created as a result of a reorganization, a department summer rotation plan shall be submitted to the Academic Vice President for approval.

Article 24: Staff Reduction Procedures

24.1. An employee may be laid off as a result of demonstrable financial exigency or demonstrable enrollment reduction, or as a result of a modification of curriculum or program instituted through established program review procedures. If financial exigency is asserted as the basis for a layoff, the financial exigency must be demonstrated to be University-wide.

24.2. If the Board decides it is necessary to lay off employees according to this article, the factors which will be considered are: length of full-time service at the University, including approved leaves; length of full-time service in the department, including approved leaves; educational qualifications; professional training; and professional experiences. The layoff of employees shall be in the order listed below:

1. ) Temporary full- and part-time faculty;
2. ) Associate faculty;
3. ) Full-time employees on probationary appointment (without tenure);
4. ) Tenured employees.

24.3. No tenured employee shall be laid off for the purpose of creating a vacancy to be filled by an administrator entering the bargaining unit.

24.4. The University shall make a reasonable effort to locate other equivalent employment within the University for a laid-off employee prior to the effective date of her or his layoff. The results of such effort shall be made known to the person affected. The effort to locate other equivalent employment shall include a review of the possibility of an assignment with duties in more than one unit, part-time employment, transfer to another unit or position pursuant to Article 25, or retraining pursuant to Section 27.3.

24.5. Alaid-off employee who accepts such other bargaining unit employment shall, with Board approval, retain accumulated rights or benefits.

24.6. An employee with a probationary appointment shall be given the same notice in the event of the layoff as would be given in the event of non-renewal of her or his appointment. As specified in 20.8.b., a tenured employee who has received notice of layoff shall be employed for at least one additional academic year. In cases of extreme and immediate financial exigency, notice requirements will not apply and layoffs may be effective immediately.

24.7.

1. Prior to the effective date of her or his layoff, an employee given notice of layoff may request a meeting with the Academic Vice President to establish: (1) the description of the employee's position at the time she or he was given notice of layoff and (2) the areas of bargaining unit employment for which the employee is qualified on the basis of training or experience.
2. The University will maintain a list of employees who are laid off for a period of three years after the layoff. If an employee's position at the time she or he was given notice of layoff is reinstated during such period, the employee shall be sent notice of that fact at the employee's last known address and offered reemployment. It shall be the employee's responsibility to keep the University advised of the employee's current address. An offer made pursuant to this section should be sent by certified mail and must be accepted within 30 calendar days, such acceptance to take effect not later than the beginning of the academic term specified in the offer. If the offer is not accepted, the employee's name may be deleted from the list and, if so deleted, the University shall have no further obligation to the employee.
3. During the three-year period specified in Article 24.7.b. above, notice of bargaining unit employment opportunities at the University for which the employee is qualified shall be sent to the employee at her or his last known address. If the employee applies for consideration for any such employment opportunity, she or he shall be granted an interview. If the employee fails to apply for the opportunity within 15 days from the date the notice is sent to the employee, or if the employee is not offered reemployment, her or his name shall remain on the layoff list for the remainder of the period specified in Article 24.7.b. above.
4. An employee who held a tenured position on the date of layoff shall resume tenure if the position is reinstated and an offer of reemployment in that position is accepted. An employee who has been laid off and who accepts reemployment in a bargaining unit position at the University shall, upon reemployment, be credited with any sick leave which the employee had accrued as of the effective date of layoff, and with any annual leave which the employee had accrued as of the effective date of layoff and for which the employee has not received payment. The salary of a laid-off employee who resumes employment in a bargaining unit position at the University shall be adjusted to reflect non-discretionary increases to which the employee would have been entitled if not laid off.

24.8. An employee who is laid off may continue to contribute toward and receive the benefits of any State or Board insurance program and may continue to contribute toward and receive retirement credit in the State Universities Retirement System if the laws, rules, regulations, policies, and procedures governing the administration of such insurance programs or the State Universities Retirement System so permit.

Article 25: Transfer

25.1. The University may transfer an employee from one department/unit to another within Unit A as a result of reorganization or program need. At least 45 days prior to such transfer the employee and the Union Chapter President shall be notified in writing of the intent to transfer. When transfer occurs within Unit A, an employee's probationary status, tenure, faculty rank, eligibility for consideration for promotion, eligibility for leave without salary, and eligibility for the compensable fringe benefits specified in Article 27 shall not be affected by transfer.

25.2. An employee may, through her or his Department Chair, Dean, and Academic Vice President, submit a request to the University President for transfer within Unit A or from Unit A to Unit B. Within 90 days of submission of her or his request to the Department Chair, the employee shall receive notification in writing from the University President of the President's decision. If the University President grants the request, the employee shall be transferred. When transfer occurs within Unit A, an employee's probationary status, tenure, faculty rank, eligibility for consideration for promotion, eligibility for leave without salary, and eligibility for the compensable fringe benefits specified in Article 27 shall not be affected by transfer.

A tenured employee who, as a result of her or his request, is transferred from Unit A to Unit B shall retain her or his tenure appointment only if retention of tenure is recommended by the University President. The employee shall maintain accrued fringe benefits and years of service.

25.3. With the consent of the employee, the University may reassign an employee from Unit A to a position outside the bargaining units (Unit A and Unit B). A tenured employee who is reassigned pursuant to this section shall retain her or his tenure in the department/unit in which that employee's appointment is formally located. If the employee is subsequently reassigned to a bargaining unit position in the department in which her or his appointment is formally located, the employee's salary shall be no less than it would have been as a result of negotiated increases if the employee had remained in the bargaining unit (see Article 1.3).

25.4. In the event that a transfer is anticipated, the probable receiving department(s) and Dean shall be notified by the University President and asked to determine department program needs and the qualifications necessary for any employee to transfer into the department. The University President shall also invite written comments from faculty of the receiving department in sufficient time to allow faculty responses prior to the transfer determination. The Department shall be notified in writing of the President's final decision. The Union Chapter President shall be kept informed throughout the process.

25.5. The University may transfer an employee from one WIU campus to another. Faculty whose transfer is initiated by the university shall receive advance notice of one complete academic year of the intent to transfer. Any employee whose transfer increases her or his one-way commute from home by 50 or more miles shall be eligible for relocation expenses consistent with existing university policy. This does not apply to faculty on temporary assignment.

Faculty affiliated with academic programs that are moved from one campus to another may seek transfer under Article 25.

Previous | Table of Contents | Next