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280.000 Employment Continuation

The content of this page applies to UEA employees on the University of Minnesota, Duluth campus.


280.100 Definitions.

280.110 Program.

For purposes of this Section 280.000, "Program" means the departments, library, Supportive Services and other such units as the Chancellor shall designate.

280.120 Layoff.

  1. "Layoff," in the case of a Member with tenure, means the elimination of the Member's position because of the Employer's declaring a Fiscal Emergency. Layoff reflects no discredit of the Member's job performance.
  2. "Layoff," in the case of a Member without tenure, means the elimination of the Member's position. Layoff reflects no discredit of the Member's job performance.

280.130 Total Time.

“Total Time” shall mean the number of academic years (1) of unbroken service for which a person has been a Member since the date of h/her initial appointment or the date of h/her reappointment that follows h/her most recent period of unbroken service, or in the case of Total Time since tenure, (2) since the date of conferral of tenure. If a person has an entire academic year with either no appointment or an appointment that does not place h/her in the Certified Unit, that shall constitute “broken” service, except as provided for in Section 280.210. For purposes of this rule, periods of unbroken service shall include sabbatical leaves, single- quarter/semester leaves, and all other authorized leaves of absence, whether compensated or not. However, the period spent on an authorized uncompensated leave, if greater than one (1) academic quarter or semester, unless on a leave for the express purpose of non-degree related scholarly work or for purposes under Section 604.400, shall not count in the Total Time when determining seniority.

280.200 Rules of Construction.

280.205 Initial Entry Into Unit.

Any individual entering the Certified Unit for the first time, other than the exception(s) noted in (b) of Section 280.210, shall do so without any accumulated seniority related to employment at the University of Minnesota.

280.210 Administrators' Right.

If (a) a Member is removed from h/her membership in the Certified Unit because of h/her appointment to an administrative position or (b) a person now serving in an administrative position with faculty rank is appointed to a position which has the effect of making the person a Member of the Certified Unit, then such person's seniority shall be calculated as if the person were a Member during h/her administrative service.

280.220 Members' Right.

If a Member is transferred from one Program to another, then at the Member's election (a) h/her seniority as provided in Section 280.420(a) or Section 280.430(a) shall accumulate uninterrupted as though s/he were still in h/her previous Program or (b) such seniority shall be transferred uninterrupted to h/her new Program. The Member shall elect either (a) or (b) above at the time such Member is transferred.

280.300 Reductions Before Layoff.

280.310 By Employer.

If Layoffs occur, the Employer may offer a Member a change in a regular appointment or a non-regular appointment from full-time to part time as an alternative to laying off that Member. If such an offer is made and accepted, the Member's seniority shall accumulate as though s/he were employed full-time. A decision to lay off the Member rather than reduce the Member's employment to part-time shall be at the discretion of the Employer.

280.320 At Member's Request.

When the Employer eliminates a Member's position subject to this Section 280.000, such Member may request in writing to the Principal Administrator that h/her position be reduced to part-time. If the Employer offers and the Member accepts a reduction to part-time employment, the Member shall accumulate seniority as though s/he were working full-time. A decision to lay off the Member rather than to reduce employment to part-time shall be at the discretion of the Employer.

280.400 Sequence of Layoff.

280.410 Faculty within a Program Holding Different Types of Appointments.

 

Members with different types of appointments within a Program which will be subject to Layoffs shall have the right to complete their contract years or the right to continued employment, as the case may be, in the following order:

(a) Members with tenure;

(b) Members on special contracts with probationary appointments;

(c) Members with probationary appointments;

(d) Members on special contracts with temporary appointments; and

(e) Members with Non-regular appointments.

280.420 Between Members with Non-Regular Appointments, on Special Contracts, or with Probationary Appointments.

 

Subject to Section 280.410, the following rules in the order set forth below shall determine between Members in the same Program who hold non-regular appointments, or between such Members who hold appointments on special contracts with non-regular appointments, or between such Members on special contracts with probationary appointments, or between such Members who hold probationary appointments which such Member has a right to complete h/her contract period (here "Right") or which such Member has a right to continued employment (here "Right"), as the case may be:

(a) The Member more senior shall have the Right. A Member is more senior if h/her Total Time is greater than another Member's Total Time

(b) Between Members having the same seniority, the Member with the higher academic rank shall have the Right.

(c) Between Members having the same seniority and the same academic rank, the Member with the recognized terminal degree for that Member's particular academic responsibility shall have the Right.

(d) Between Members having the same seniority, the same academic rank and the same academic degrees, the Member who first in time received h/her highest academic degree shall have the Right.

(e) If rules (a) through (d) hereof do not determine which Member shall have the Right, the Employer shall have the sole determination.

280.430 Between Tenured Members.

 

Subject to Section 280.410, the following rules in the order set forth below shall determine between tenured Members in the same Program which such Member has a right to continued employment (here "Right"):

(a) The more senior Member shall have the Right. For purposes of this rule, a tenured Member's seniority shall be determined by "points." The Member shall receive points as follows: Three (3) points per year of service since tenure plus one (1) point per year of service as a tenured assistant professor plus two (2) points per year of service as a tenured associate professor plus three (3) points per year of service as a tenured full professor. "Year of Service," for purposes of this provision, means during a single academic year which averages 67% or more of full-time employment, or a sabbatical leave, or an authorized, unpaid leave for the express purpose of non-degree related scholarly work or for purposes under Section 604.400.

(b) Between Members having the same seniority, the Member whose Total Time since tenure is greater shall have the Right.

(c) Between Members having the same seniority and the same Total Time since tenure, the Member higher in academic rank shall have the Right.

(d) Between Members having the same seniority, the same academic rank and the same Total Time since tenure, the Member whose Total Time is greater shall have the Right.

(e) If rules (a) through (d) hereof do not determine which Member shall have the Right, the Employer shall have the sole determination.

280.500 Rights After Layoff.

280.510 Employer's Obligation to Notify Member of Layoff.

The Employer shall notify in writing a Member who is to be placed on Layoff at least one (1) year before the effective date of such Layoff. In the case of a Member without tenure, the Employer's written notice shall state that the loss of position does not reflect on the Member's competence and, in the case of a Member with tenure, the Employer's written notice shall further state that the loss of position resulted from the Employer's declaring a Fiscal Emergency.

280.520 Employer's Obligation to Notify Member of Vacancies.

If a Member is notified that s/he is to be laid off, the Employer shall notify the Member of the approved and available University of Minnesota administrative/professional and faculty (but not civil service) vacancies. The notice shall (a) be in writing (b) be mailed to one (1) address provided to the Employer by the Member and (c) be updated by the Employer from time to time. Such notification shall be provided for two years after the date the Member's Layoff notice is given.

280.530 Member's Right to Reinstatement.

A Member who has lost h/her position under the procedures of this Section 280.000 shall be given the opportunity to be reinstated to h/her position before any other person is hired to fill h/her position. When two or more Members in the same Program have lost their positions as a result of the procedures of this Section 280.000, the right to be reinstated shall be determined on a last-out, first-reinstated basis. Refusal to accept an offer of reinstatement shall terminate this right. Notwithstanding other Sections in 280.000, a Member's right to reinstatement shall expire five (5) years following the termination date of h/her regular appointment.

280.540 Member's Notice to Employer and Right to Delay Reinstatement.

A Member shall notify the Employer in writing of h/her acceptance or declination of an offer of reinstatement within fourteen calendar days after h/her receipt of the offer. The Member, at h/her discretion, may be reinstated at the time offered by the Employer in the offer of reinstatement or may delay the date of effective reinstatement offered by the Employer by no more than ninety days. If the Member chooses to so delay h/her date of reinstatement, the Member shall so notify the Employer in writing at the time the Member accepts the Employer's offer. The Employer's offer to reinstate shall be at the same tenure level, rank, seniority and salary as at the time when the Member was released and shall include at least the across-the-board salary increases, if any, granted during the Member's absence.

280.600 Program Elimination/Program Reduction: Members with Indefinite Tenure.

When a program is reduced or eliminated by the Employer and the Employer does not declare a Fiscal Emergency, a Member with Indefinite Tenure cannot be subjected to Layoff. The Member retains h/her rights of Indefinite Tenure under Section 002.162.

280.610 Position Elimination.

hen a Member with Indefinite Tenure receives written notification that h/her position is eliminated per 280.600, s/he shall, within 90 days after learning the terms and conditions of (i) and (ii), or within one (1) year of the position elimination notice, whichever comes first: (i) accept transfer to a position in another program at the University; or (ii) terminate h/her employment at the University (see 280.640); or (iii) apply for uncompensated leave of absence for up to three years.

280.620 Transfer Option.

 

If a Member chooses option (i) under Section 280.610, the Employer and the Member will consult regarding the terms and conditions of the transfer. A designee of the Association may be present during such consultations.

(a) Members will be transferred to positions with the same faculty rank except as follows. With the agreement of the Member and the Dean/Unit Head and/or other Principal Administrator, a transfer could be to an academic professional position with continuous appointment or another position as the parties may agree.

(b) A Member who transfers to another faculty position at the University shall receive a letter of offer at the time of transfer that includes salary, term of appointment, rank and regulations concerning faculty tenure; an indication about how the progress toward promotion achieved within the current unit will be credited toward meeting the expectation for promotion within the unit to which s/he will transfer; the department's 7.12 statement; the department's written statement about criteria and procedures in merit pay decisions (if available); initial workload description.

(c) A Member who transfers to an academic professional position with continuous appointment shall receive a letter of offer at the time of transfer that includes the position description, job title and number, salary, and a copy of the Academic Professional and Administrative Staff Policies and Procedures which governs the terms and conditions of these appointments. The status of their continuous appointment will be equivalent to tenure status as it relates to program elimination and reduction: should their position be discontinued for any reason other than just cause or Fiscal Emergency, the Member may, in accordance with the terms of Section 280.600 (i) accept transfer to a position in another program at the University; or (ii) terminate h/her employment at the University; or (iii) apply for uncompensated leave of absence for up to three years.

(d) Members will be transferred at no less than their current salary. A Member who transfers between January 1 and June 30 will be considered for merit increases based upon the merit criteria that governed the Member prior to the effective date of the transfer. A Member who transfers between July 1 and December 31 will be considered for merit increases based on the merit criteria within the letter of offer.

(e) A Member may propose one (1) alternative transfer. If this transfer is not successfully negotiated, the Member shall select option (i), (ii), or (iii) above by the date stipulated at the time of program elimination.

(f) The Employer shall provide up to one (1) month of salary to compensate for actual, receipted household moving expenses if incurred because of transfer to another University of Minnesota campus.

(g) Whenever the University determines the Member who transfers requires training, the training program tuition/fee costs shall be paid by the Employer.

280.630 Uncompensated Leave of Absence Option.

If a Member intends to exercise option (iii) under Section 280.610, the Member must apply for an uncompensated leave of absence at least 60 days prior to the end of the specified time limit under Section 280.610. Thirty days following a Member's application for uncompensated leave of absence, the Employer shall notify the Member in writing whether the leave is granted or denied. If the leave is denied, the Member shall choose option (i) or (ii) within the time limits specified under Section 280.610. A Member who applies for and is granted an uncompensated leave of absence shall notify the Employer in writing 120 days before the return from the leave of absence. At least 60 days prior to the Member's return, the Employer shall offer a transfer and the Member shall choose option (i) or option (ii) from Section 280.610 above. If the Member chooses option (ii), h/her termination must take effect at the end of a semester.

280.640 Termination/Severance Option.

Under the conditions of 280.610, the Employer and the Association agree to negotiate termination/severance benefits in accordance with PELRA. Such negotiations shall begin within 30 days of the notice of position elimination.

280.700 Program Elimination: Members holding a Probationary Appointment.

 

When a program is eliminated, a Member holding a Probationary appointment is subject to layoff. At the time of program elimination, a Member may: (i) have h/her name placed on a layoff list for up to two (2) years or (ii) accept the termination/or severance benefits that may be offered. Under the conditions of 280.610, the Employer and the Association agree to negotiate termination/severance benefits in accordance with PELRA. Such negotiations shall begin within 30 days of the notice of position elimination.

(a) A Member who chooses to go onto a layoff list may be rehired by a program that initiates a rehire from the layoff list without an open search. At the time of rehire, upon written request of the Member, s/he shall be allowed three (3) years of service prior to mandatory consideration for tenure. The Employer shall not be required to hire a Member from the layoff list.

(b) A Member who is hired from the layoff list to a regular or non-regular faculty position at the University shall receive a letter of offer that includes salary, term of appointment, rank and regulations concerning faculty tenure; the procedures for review of probationary faculty; an indication about how progress toward tenure achieved within the current unit will be credited toward meeting the expectation for tenure within the unit to which s/he will be hired; the department's 7.12 statement; the department's written statement about criteria and procedures in merit pay decisions (if available) and initial workload description.

(c) A Member who is not reappointed because of program elimination and who has elected to be on the layoff list shall be given the opportunity to be reinstated to h/her former position, if the Employer determines to reactivate the former position, before any other person is hired to fill the Member's former position. (See Sections 280.530 and 280.540).

280.800 Program Elimination: Members on Non-Regular Appointment.

When a program is eliminated, the appointment of a Member on non-regular appointment will expire at the end date specified on the Member's employment contract.