WIU/UPI Agreement 2007-2011
Article 24:
Staff Reduction Procedures
Unit A
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:
- Temporary full- and part-time faculty
- Associate Faculty
- Full-time employees on probationary appointment (without tenure)
- 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 Article 27.3.
24.5. A laid-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.
- 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.
- 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 Article should be sent by certified mail and must be accepted within 30 calendar days, such acceptance to take effect no 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.
- 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.
- 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.