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Preface

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A. Philosophy

B. Policy

C. Responsibilities

D. Administrative Guidelines

Procedures

 

Reduction in Force
AFSCME 2.13

Revised July 1, 2008
Changes indicated in red font.

A. Philosophy

The university is committed to its employees who have given their time and energies in order that the university can reach its academic goals.

B. Policy

When shortages (of work or funds), reorganization or other staff position reductions occur beyond the employee's control, the university shall follow a course of action that: ensures fairness and consistency; determines what employees are placed on layoff based on seniority; notifies employees in advance; fills vacancies with qualified employees on layoff list; and, recalls layoff employees based on seniority.

C. Responsibilities

Responsibilities for administering the Reduction in Force policy is divided between the provost or appropriate vice president, department heads, Human Resources/Personnel on each campus, and the University Human Resource Services department.

1. The provost or appropropriate vice president is responsible for administering this policy.

2. Deans and department heads will make determination of need, positions affected, and eligibility levels of employees. These administrators must contact Human Resources/Personnel on their campus prior to notification.

3. Human Resources/Personnel on each campus will:

   1. review occupational unit seniority lists with department heads;

   2. determine "suitable positions" for employees based upon their qualifications;

   3. consult with reduction in force status employees to identify skills and training needs necessary to qualify for future positions.

4. University Human Resource Services (UHRS) will:

   Audit/monitor the process to ensure the Reduction in Force policy is being followed fairly and consistently throughout the University.

D. Administrative Guidelines

Definitions

Administrator is the academic dean, department head or designee who is responsible for the management and fiscal control of a unit within the university. It is the department head who guarantees that department strategic objectives will be achieved after a RIF, who determines the positions to be eliminated or reduced, and with the help of the campus Human Resources/Personnel staff, will implement the reduction.

Appointed position is one which has been established as a budgeted line, with certain levels of benefits based upon the FTE.

Essential functions are those duties and responsibilities that are crucial for the success of the department in reaching its objectives; essential functions are the reason the position was created.

Functional Classifications are recognized as follows:

(1) service maintenance, (2) clerical, (3) technical, (4) professional, (5) nurses, (6) practical nurses, (7) nursing assistants and (8) support staff

University Human Resource Services is the department that has university-wide responsibility for human resources administration.

Minimum qualifications are the skills, abilities, and body of knowledge which a candidate must minimally possess in order to successfully perform the position's responsibilities at a full-performance level.

Occupational Unit applies to a functional classification (eg: Service-Maintenance) within a campus department or sub-unit of a department. Occupational units for Service-Maintenance positions at Bloomington campus are published in Appendix 7.4.

Reduction in force is a curtailment of the work force ordered by university administration. This curtailment may be caused by, but not limited to, a lack of funds and/or lack of work.

Short Layoff is a reduction in force of 30 calendar days or less and reported as such on the Attendance Report.

Temporary Reduction is a reduction in force of more than 30 calendar days but not to exceed 90 calendar days, and is treated as a Leave of Absence. The employee does accrue university credit during this time.

Permanent Reduction is a reduction in force anticipated to exceed 90 calendar days. The employee will be separated on the date of the reduction but retained on a layoff list for 18 months or until re-employed if sooner than 18 months, provided the employee notifies Human Resources in writing at the end of 12 months that s/he wishes to remain on the reduction in force list.

Suitable Position is a position of similar duties and responsibilities for which the Human Resources/campus Personnel department has determined the employee qualifies, at the same or higher classification, and the same FTE as the employee's position at the time of the reduction.

Qualified employee is one who can demonstrate performance of all of the essential functions that have been set forth in the posting or advertisement.

Procedures

A. Advance Notice

1. The University Human Resource Services/campus Personnel department is to be contacted and notified of a pending reduction prior to notification to any appointed employee.

2. The department shall give not less than 14 days notification to biweekly-paid staff whose positions are scheduled to be eliminated. When circumstances permit, the department shall provide at least 30 days written notification, but not less than 14 days notification to biweekly-paid staff whose positions are scheduled to be eliminated.

3. In the event of a permanent reduction in force of a filled position in a department, Local 832 shall be notified and given the opportunity to discuss the effects of such a reduction, including the opportunity to suggest alternative solutions.

B. Short Layoff and Temporary Reduction

1. The university administration shall determine the work and, therefore, the positions to be affected. The individuals laid off at times of short or temporary layoffs shall be determined by the Department Head either by:

   1. a process of equal distribution of lost time, or

   2. a process of Occupational Unit Seniority within each affected Functional Classification.

2. Regardless of which approach is used, all temporary and/or hourly, casual employees shall be laid off first. Positions normally held by part-time hourly students may be excluded. In those units in which staffing needs prohibit the elimination of all hourly positions, appointed employees designated for layoff shall be given first preference for these hourly jobs. Acceptance or refusal of this offer would not affect placement or recall rights described elsewhere in this policy.

C. Order of Layoff for a Permanent Reduction in Force

1. The university administration shall determine the work and, therefore, the positions to be affected. The individuals laid off will be determined by seniority, subject to the provisions below.

   1. In the event of a permanent reduction in force of a filled position in a department, Local 832 shall be notified and given the opportunity to discuss the effects of such a reduction, including the opportunity to suggest alternative solutions.

2. Within each affected Functional Classification in the affected Occupational Unit, temporary and/or hourly, casual employees shall be laid off first, followed by appointed staff employees in order of least Occupational Unit Seniority. (Positions normally held by part-time, hourly students may be excluded.) In those units in which staffing needs prohibit the elimination of all hourly positions, appointed employees designated for layoff shall be given first preference for these hourly jobs. Acceptance or refusal of this offer would not affect placement or recall rights described elsewhere in this policy.

3. The administrator may waive the sequence described in paragraph C.2. to ensure that the employees retained possess the abilities and qualifications necessary to perform the available work at a full performance level. The unit management shall provide orientation of its operational procedures to employees who are retained, but it is not obligated to train employees to perform the available work.

4. If a senior employee's position is eliminated, s/he shall be given the opportunity to assume a position (at the pay grade and salary appropriate to the position) held by a person at the same or lower classification in the same Functional Classification in the affected unit with less Occupational Unit Seniority, provided job qualifications are met to perform the job at a full performance level. This process shall continue within the Occupational Unit in order of unit seniority until either the least senior person in the unit is designated for layoff, or the employee designated for layoff is not qualified for any position held by a less senior employee. The determination of qualifications shall be determined by the University Human Resource Services/campus Personnel department and the Occupational Unit management. The unit management shall provide orientation of its operational procedures to employees who are retained, but it is not obligated to train employees to perform the available work.

5. However, an employee who has changed functional classifications within the same department within the 24 months prior to the date of the written notification that their current position is being eliminated shall not lose Occupational Unit Seniority. If such an employee's position is being eliminated and there is no opportunity to bump in their current functional classification, s/he may revert to the most recent previous functional classification and level that s/he held and have full bumping rights based on total seniority including his/her current Occupational Unit.

6. For each Occupational Unit affected, the Department shall prepare a separate layoff list for each Functional Classification affected in the unit which will be used in Section D below. Employees designated for layoff shall be placed on the appropriate layoff list in order of greatest Occupational Unit Seniority date. The university seniority date of each employee shall be noted on the list.

7. Exclusions: Temporary, hourly, probationary employees and employees appointed for less than nine months are excluded from paragraphs C.6. through and including H.

D. Filling Vacancies
(This section discusses three types of vacancies: first, vacancies within the unit affected by the layoff; second, vacancies in other units within the department or RC; third, vacancies outside the department or RC.)

1. Following the written notice to employees, no person shall be referred, hired, or transferred into the affected Occupational Unit unless the campus Human Resources/Personnel department and the Occupational Unit management have determined that the person/s on the layoff list of the same Functional Classification do not have the qualifications to perform the available work. Vacancies will be filled in the following order:

   1. Selection off the layoff list of the same Functional Classification in the order of greatest Occupational Unit Seniority of those people whom the campus Human Resources/Personnel department and the Occupational Unit management have found qualified for positions of an equal or lower classification level at the same or lower FTE.

   2. Transfer, promotion, or hire from outside the Occupational Unit.

2. Effective with the notice, vacancies outside the affected Occupational Unit but within the Department or RC will be filled in the following order:

   1. Promotion or transfer of qualified appointed employees who are already in the Occupational Unit in which the vacancy exists and transfer from the layoff list of the same Functional Classification in the order of greatest university service of those people whom the campus Human Resources/Personnel department and the Occupational Unit management have found qualified for positions of an equal or lower classification level at the same or lower FTE will be considered equally. The departments will contact UHRS Employment when a vacancy is posted internally to determine if there are any RIF candidates from the Department or RC. Additional applicants will not be referred until it has been determined that the individuals on the layoff list are not qualified.

   2. Transfer, promotion, or hire from outside the Occupational Unit.

   3. If more than one layoff affecting the same Functional Classification is occurring on a campus at the same time, the layoff lists will be combined in the order of greatest university seniority for purposes of filling vacancies outside the units affected by the layoffs.

3. Effective with the notice, vacancies outside the affected Occupational Unit Unit and outside the department or RC will be filled in the following order:

1. Promotion or transfer of qualified appointed employees who are already in the Occupational Unit in which the vacancy exists.

2. Transfer from the layoff list of the same Functional Classification in the order of greatest university service of those people whom the campus Human Resources/Personnel department and the Occupational Unit management have found qualified for positions of an equal or lower classification level at the same or lower FTE. (Additional applicants will not be referred until it has been determined that the individuals on the layoff list are not qualified.)

3. Transfer, promotion, or hire from outside the Occupational Unit.

4. If more than one layoff affecting the same Functional Classification is occurring on a campus at the same time, the layoff lists will be combined in the order of greatest university seniority for purposes of filling vacancies outside the units affected by the layoffs.

1. As soon as an employee accepts any other appointed position or is offered a suitable position he/she shall be removed from the layoff list.

2. In the event a position has been eliminated and is restored within twelve months with the same essential duties, the most recent incumbent who was laid off shall be provided an opportunity to return to the position prior to the position posting or advertisement. The incumbent must currently hold a university appointed position and remain qualified for the position. This right shall supersede any other policy provision relating to the filling of vacant provisions.

3. Employees who are on Reduction-in-Force status may, upon request, obtain a listing of all posted university vacancies. Such employees who have the minimum qualifications shall be provided with an opportunity to be considered for positions on other campuses provided that they indicate an interest and submit their credentials to the appropriate campus Human Resources/Personnel department within the time limits.

E. Recall After Separation

1. For vacancies within the employee's Occupational Unit, an employee on the layoff list of the same Functional Classification will be recalled in the order of greatest Occupational Unit Seniority at the same FTE provided they are qualified to do the available work for positions of an equal or lower classification level.

2. For vacancies outside the laid off employee's unit, an employee on the layoff list of the same Functional Classification shall be recalled in the order of greatest University Seniority, provided they are qualified to perform the available work for positions of an equal or lower classification level. If more than one layoff affecting the same Functional Classifications has occurred on a campus, the layoff list will be combined as described above.

3. Upon recall, any employee who fails to respond within five days of notice of recall or who refuses to accept a suitable position, as defined in the definitions section above, shall lose his/her rights to recall.

F. Refusal of Work

1. Those individuals who are accepted for, but refuse transfer to suitable positions, shall not be deemed to be on layoff. Instead, they will be considered voluntarily terminated as of the date of the reduction and will be removed from the layoff list.

   1. An employee in the PA classification may refuse to consider or accept an offer in which the salary is less than 90%, and that employee will still be considered on layoff.

2. When more than a two-month notice is given, the employee shall not be penalized for not accepting an offer of a suitable position. However the employee must make the decision to bump if such an opportunity exists within two months of the layoff date. If less than two months notice is given by management, the employee will have one week to give a written statement on the decision of bumping. The provisions in Paragraph F.1. will apply whenever a person is offered a suitable position within two months prior to the effective date of the reduction-in-force.

G. Insurance and Benefit Plan Continuation

1. For insurance and benefit plan purposes, full-time appointed employees who are affected by a Temporary Reduction in Force will be considered on leave of absence for up to three months. Arrangements for payment of premiums must be made with the campus Human Resources/Personnel department.

2. Refer to the specific insurance plan at hr.iu.edu/benefits for information concerning continuation of insurance plans for full-time appointed employees who are affected by a Permanent Reduction in Force.

H. Utilization of Accumulated Leave Time

1. Supervisors are encouraged to accommodate Reduction-in-Force-status employee's requests to utilize accumulated time off for such purposes as training programs or academic course work.

I. Reduction In Force Rights For Special Circumstances

1. An employee with an ADA-covered disability who cannot be reasonably accommodated in order to perform the essential function of her or his position will be:

   1. Placed on the layoff list; and

   2. Be considered for placement into vacant positions in accordance with the provisions above for "Filling Vacancies."

 

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