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Article 10: Reduction-In-Force

Collective Bargaining Agreement for Instructional Support

10.1

Because the College's staffing must be expanded and/or reduced for reasons as determined by the College including, but not necessarily limited to, fluctuations in enrollment or availability of funding, it may be necessary to reduce the number of employees, re-assign employees from full-time to part-time status or reduce the number of annual work days and/or hours of employees.

10.2

If a RIF necessitating either the lay-off, reduction to part-time status or reduction of the number of annual work days or hours of any employee in the bargaining unit is anticipated by the College, the College shall inform the Union and the affected employees of the anticipated lay-off or reduction in writing no less than fourteen (14) 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 how the lay-off or reduction may be avoided. Such plan must be submitted 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 Union will be considered to have waived any opportunity to submit comments regarding the anticipated lay-off or reduction and will be prohibited from public criticism of the RIF. If the Union submits a plan, the College shall consider the Union's plan before implementing the RIF/reduction 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, the days between terms or during the break shall be considered days for the purpose of this notice.

10.3

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) fully qualified as determined by CNM if such positions are available. All temporary (not including student employees) or trial period employees in the classification titles covered by this Agreement will be discharged prior to the initiation of a RIF of employees of this bargaining unit. This provision does not apply in the event CNM determines a special skill is required.

10.4

Individuals retained as employees will be selected according to competencies and skills needed to best perform the current and prospective functions of the job description. When management determines that the competencies and skills of employees necessary to meet current and prospective performance requirements are equal, seniority will be considered in determining whether any employees are retained.

10.4.1

When a reduction-in-force occurs, part-time employees shall be laid-off before full-time employees.

10.4.2

The part-time employee with the least seniority as defined in Article 15, will be laid off unless the College determines in good faith that a part-time employee with less seniority but greater occupational necessity or discipline skills shall be retained. 

10.4.3 

Retention shall be based upon seniority within the employee’s department or Academic School that is applied to the current classification title held and the skills needed to operate the programs involved, with seniority governing when two (2) or more employees are judged to have relatively equal skills.

10.4.4

Equal skill in the affected program area shall be determined by the College. 

10.5

An employee reinstated within one (1) year after lay-off or reduction to part-time status 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 unused leave balances.

10.6

A laid-off employee or an employee placed on part-time or with a reduced number of days/hours status shall be placed on a recall list for one (1) year. Employees shall be reinstated to positions for which they are fully qualified, as determined by the departments, in reverse order of lay-off or reduction.