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2.12 Reduction in Force

Revised January 2003

Staff covered by this policy
This policy applies to Service-Maintenance employees at South Bend.

A. Advance Notice

In cases of layoff of an employee because of lack of work or lack of funds, the employee is to be given at least two weeks' advance notice if circumstances and advance knowledge permit. The campus human resources office is to be notified and consulted prior to giving the employee notice.

B. Permanent reduction in force

1. A reduction in force anticipated to exceed four months is permanent. An employee is separated but is retained in a layoff status for twelve months, or until re-employed if in less than twelve months, or until offered employment under Section B.5. The work to be affected shall be determined by University administration.
   1. Selection of personnel to be released is by campus in the order of least occupational unit seniority (by functional classification per the Seniority Date/Service Credit policy) and the proposed layoff list is prepared and released as far in advance as the action is known and the designation of personnel if practical. Seniority consideration may be waived for the retention of special skills or knowledge necessary to the welfare of the University.
   2. Effective with the release date of the layoff list, no new employee should be employed in any occupational unit of the functional classification on the campus in which the reduction of force is to take place until all employees on the layoff list with seniority who have evidence of qualifications have been called by the Human Resources Department to apply for transfer to the occupational unit (after promotion opportunities within the unit have been permitted) in the order of greatest University seniority. In this order, the first person found qualified by the Human Resources Department and the occupational unit management should be accepted without further consideration of candidates.
      1. Functional Classifications are recognized as follows:
         1. Service-maintenance
   3. Whenever a senior employee's position is eliminated, s/he may exercise his/her University seniority to bump the least senior employee in the same SM salary grade, provided s/he has the present ability to do the work without training except for orientation. Those employees laid off and who cannot bump anyone in their SM salary grade may exercise their University seniority to bump the least senior employee in the next lower SM salary grade, provided s/he has the present ability to do the work without training except for orientation. The Human Resources Department shall make the determination of the qualifications. Whenever an employee changes occupational units as a result of exercising his/her rights under this section, the employee shall carry their prior occupational unit seniority to the new occupational unit.
   4. Following the effective date of the reduction of force, no person shall be hired or transferred into the occupational unit of the reduction of force until all remaining persons on the layoff list, with seniority, have been recalled in the order of their occupational unit seniority.
   5. Upon recall, any employee who refuses to accept a position with the same or higher functional classification for which they are qualified to perform shall lose their seniority rights to recall. An employee recalled under this provision to a shift other than the one s/he was on at the time of the layoff shall be given the opportunity to exercise his/her seniority to fill the next available job which s/he is qualified to perform on the shift from which s/he was laid off before anyone is hired from the outside to fill such open job.

C. Short layoff and temporary reduction in force

1. A reduction of force for a period not to exceed one month is a short layoff and reported as such on the Attendance Report. Employees will be recorded as absent without pay and with benefits as explained in the Absences with and without Pay policy.
2. A reduction in force for more than one month but not to exceed three months is temporary and treated as a Change in Status. Employees will be recorded as absent without pay and without benefit accrual while on a temporary reduction of force as explained in the Absences with and without Pay policy. The employee does accrue university service credit during this time .
3. To insure that employees with seniority will receive at least equal or better consideration at times of short or temporary layoffs, the selection of persons to be laid off shall be determined by the Department Head when considering the following:
   1. A policy of equal distribution of lost time
   2. A policy of occupational unit seniority recognition
4. Another method of selection may be used only if the chosen method is favored in an open meeting of the employee group to be affected.
5. This policy applies to staff members on appointment. All hourly employees, except those on positions reserved for student employment, will be laid off before any appointed staff.

D. Reduction in force and insurance

1. Refer to the Health and Dental Care Coverage policy for information concerning continuation of insurance plans for full-time appointed employees who are affected by a permanent reduction of force.
2. Full-time appointed employees who are affected by a temporary reduction in force will be considered on leave of absence for insurance purposes. Arrangements for payment of premiums must be made with the Human Resources Department.

E. Seniority

1. If a reduction in force occurs, Service-Maintenance employees who have more seniority than other employees in their former occupational unit and are qualified to perform the work may return to that unit, whereby the employee with the least seniority in the unit would be laid off.
2. For purposes of layoff and recall only, the President, Vice President, and Chief Steward shall have super seniority, provided they have the present ability to perform the available work.

F. Unemployment

To comply with amended Federal Law, the 1971 Indiana General Assembly amended the Indiana Employment Security Act to make State universities and hospitals liable for Unemployment Insurance benefits to its eligible employees (faculty and staff) who become unemployed "through no fault of their own." All cost is borne by the employer.