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MnSCU-UTCE Master Agreement 1997-1999
ARTICLE 27
Seniority, Layoff And Faculty Mobility
Section 1. Probationary Status.
Subd. 1. Faculty Beginning Employment After July 1, 1995. Full-time and part-time faculty members working at least .33 full-time equivalent ("FTE") who begin employment after July 1, 1995, shall serve a probationary period of three (3) continuous, equivalent full years of service. For the purposes of this Article, an "equivalent, full year of service" is the equivalent of three (3) full-time quarter or two (2) semester appointments (1.0 FTE). Faculty members working less than full-time but at least .33 shall accumulate service toward completion of the probationary period on a pro rata basis.
Subd. 2. Faculty Employed Prior to July 1, 1995. Full-time and part-time faculty members working at least .33 FTE who began employment prior to and completed their probationary period by July 1, 1995, shall be considered to have completed their probationary period. Full-time and part-time faculty members working at least .33 FTE who began employment prior to and have not completed their probationary period by July 1, 1995, shall be given credit for the years of service toward completion of their probationary period recognized as of June 30, 1995, by the technical or consolidated college transferring the faculty member to the Employer. Thereafter, the faculty member shall complete his or her probationary period on a three (3) continuous, full academic years of service basis.
Subd. 3. Part-time Faculty Employed Less Than .33 FTE. Part-time faculty members employed less than .33 FTE at a technical or consolidated college shall not be eligible for non-probationary status and will permanently remain in a probationary status.
Subd. 4. Part-time Faculty Employed at More Than One (1) Technical or Consolidated College. Part-time faculty members working at more than one (1) technical college may aggregate their FTE's from each of the technical or consolidated colleges at which the faculty member works in order to meet the .33 FTE threshold to participate in a probationary period. Faculty members who participate in and ultimately satisfy the probationary period because of aggregating FTE's are allowed in this subdivision to acquire seniority rights for the purpose of this Article at each technical college only to the extent of the FTE position held by the faculty member at that particular technical or consolidated college.
Subd. 5. Adjunct Faculty. Adjunct faculty cannot fulfill a probationary period.
Subd. 6. Termination. Probationary faculty members are subject to termination without cause upon written notice without recourse to the grievance procedure or to termination for cause pursuant to Article 23. There shall be no employment rights for layoff or recall for probationary faculty members. The termination of a probationary faculty member without cause shall be effective at the end of the academic quarter immediately following the academic quarter during which the notice is given.
Section 2. Seniority Defined. Seniority shall accrue to qualified non-probationary faculty members in each area of assignment or licensure. Seniority of a non-probationary faculty member shall be determined by the first paid day of service in the faculty member's area of assignment or licensure(s). For employees hired before July 1, 1995, the starting date shall be that date established by their previous Employer (technical college). For employees hired after July 1, 1995, the starting date shall be the first day of service in an area of assignment or in a position requiring a license. Non-probationary full-time faculty members shall always be deemed to be more senior than less than full-time faculty members. Full-time faculty members may assert seniority to a maximum of 1.0 FTE. Part-time faculty members may not assert seniority to a FTE position in excess of their most recent annual FTE. In no event will a faculty member be allowed to assert seniority to an amount greater than 1.0 FTE. The procedures for the establishment, posting and appeal of the seniority lists is described below:
Subd. 1. Establishment of State-Wide Seniority Lists.
(a.) Separate seniority lists for non-probationary full-time instructors and less than full-time instructors shall be prepared and distributed to each site. The seniority lists shall include the following information: instructor's name; most recent date of continuous service; license(s); seniority increments; and assigned college/campus/site.
Subd. 2. Posting of Seniority Lists. Seniority lists shall be posted on the official bulletin board in a prominent place on each site and copies shall be provided to UTCE by November 1 of each year.
Subd. 3. Appeals of Seniority Lists.
(a.) Any faculty member who disagrees with the accuracy of the seniority list in any respect will have ten (10) days from the date of posting to submit a written request for a change in the seniority list, with documentation, to the faculty member's President.
(b.) Any faculty member who disagrees with the posted seniority list may file a grievance within ten (10) days of the President's response to the request for a change or within twenty (20) days of the faculty member's initial request for a change. Any such grievance shall begin at Step 2.
(c.) The final seniority lists as determined by a. and b. above, shall be binding on the Employer, UTCE and the faculty member. The arbitrator's decision on the seniority ranking shall be final and binding.
(d.) Errors of fact on the seniority roster may be raised by either party at any time and changed by mutual agreement of the College and local UTCE.
Subd. 4. Tie Breakers. A tie in seniority shall be broken by using the following criteria in the order listed:
(a.) The faculty member with the earlier issue date of initial full-time post-secondary licensure by the issuing agency for technical colleges shall be senior.
(b.) If criteria (a.) does not break the tie, the faculty member with the earlier date on which the issuing agency approved the license, as evidenced by the issuing agency's signature and date on the license application form, shall be senior.
(c.) If criteria (b.) does not break the tie, then the teacher who signed the initial licensure application submitted to the issuing agency on the earlier date, as evidenced by the date of the signature indicated on the application, shall be senior.
(d.) If criteria (a.), (b.), or (c.) do not break the tie, then a coin flip will be used to break the tie.
Subd. 5. Break In Service. Seniority shall be broken by resignation, retirement, failure to return from an authorized leave of absence, or termination for cause. A non-probationary full-time or part-time faculty member who is placed in temporary part-time status shall not be considered to have had a break in service during the period of temporary part-time status.
Subd. 6. Seniority in New Area of Assignment or Licensure. If subsequent to a faculty member's start of non-probationary service in the faculty member's initial area of assignment or licensure, another assignment or license is acquired by such faculty member, the seniority in this area of assignment or licensure shall be established pursuant to this Article. When additional area(s) of assignment or licensure is/are established for a faculty member, the faculty member accumulates seniority in the additional area(s) of assignment or licensure for as long as the faculty member remains a non-probationary faculty member in the system. A faculty member on layoff who claims a vacancy at another college in a new area of assignment or licensure shall retain system seniority in all individual area(s) of assignment or licensure(s).
Subd. 7. Retention of Seniority. A faculty member who accepts a position in another college shall retain system-wide seniority.
Section 3. Site Defined. Site, for purposes of this Article, shall be defined as an individual site such as Native American reservations. Correctional Facilities are another example of a site. Sites for Community-based programs such as Farm Business Management and Small Business Management shall be determined by mutual agreement between the Employer and UTCE. A college may include multiple campuses or sites.
Section 4. Layoffs. Layoffs of non-probationary faculty members shall be based on standards which are subject to the review and comment process of the Faculty Senate. Decisions of the college as to the necessity of laying off faculty are not subject to the grievance procedure.
Subd. 1. Order. Layoffs shall be based on inverse seniority. When layoffs are made in the bargaining unit, the following order will be followed: first, temporary employees; second, probationary faculty members; third, faculty members having the least seniority within the areas of assignment or licensure. A faculty member shall not be placed on layoff if a less senior faculty member holds a position for which the first faculty member has greater seniority according to the following order: site, campus, college.
(a.) Temporary faculty position(s) shall be terminated before a probationary faculty member in the area of assignment or licensure is placed on layoff.
(b.) Probationary faculty position(s) in the area of assignment or licensure shall be terminated before any non-probationary faculty member is placed on layoff.
(c.) Non-probationary part-time faculty shall be placed on layoff, based on inverse seniority within an area of assignment or licensure, prior to placing any non-probationary full-time faculty member(s) in the area of assignment or licensure on layoff.
(d.) Small Business Management, Farm Business Management, Computer Small Business, Lamb and Wool Management, Specialty Crops Management, and other like programs faculty will have site-based seniority only.
(e.) Corrections Facility faculty will have site-based seniority only. Corrections Facility faculty who had position rights at a campus/college prior to July 1, 1995, will retain all other rights provided in this agreement.
(f.) Native American Reservations faculty will have site-based seniority only. Native American Reservations faculty who had position rights at a campus/college prior to July 1, 1995, will retain all other rights provided in this agreement
Subd. 2. Multiple Area of Licensure. A non-probationary faculty member who has more than one (1) "area of assignment or licensure" shall not be placed on layoff but will be reassigned to another area of assignment or licensure at his/her college. The faculty member shall be reassigned according to seniority in the "new" area. Affected faculty member(s) will be reassigned according to seniority in new assignment or licensure areas unless more than one (1) (affected) faculty member is licensed in the same licensure area.
(a.) When assignment qualifications or licensure is identical, the faculty member with the greater seniority will have the option of choosing reassignment to the new position. If the more senior faculty member rejects an offer to claim such assignments, the less senior faculty member will be reassigned in that area. The above described process will be repeated until assignment and/or licensure realignment and all necessary reassignments are complete.
(b.) Once a decision is rendered by the more senior faculty member, the process as described above continues for the remaining faculty member(s) according to the provisions of this Agreement.
(c.) When any of the above occurs, no displaced faculty member will be assigned to teach in the area of assignment or licensure where the initial layoff (or reassignment) occurred until such time that the faculty member on layoff (or reassignment) has claimed another full-time position, had his/her layoff rescinded, resigned, or if appropriate, had her/his five (5) year claiming rights expire, whichever comes first. When any of the conditions set forth in this paragraph are met, the faculty member shall be offered all available assignments for which he/she is qualified.
(d.) The Employer shall not be required to realign faculty members among programs in which they hold the proper credentials and/or have seniority in order to prevent a less senior faculty member from being laid off. The parties acknowledge that the principles of realignment articulated in the Strand and Harms cases and their progeny do not apply to layoffs under this Article.
Subd. 3. Notice of Layoff. If a layoff is contemplated, the non-probationary faculty member on the seniority roster who is to be placed on layoff shall be notified of the impending layoff at least ninety (90) days prior to the end of the individual's academic year. The Employer shall provide both UTCE and the affected faculty member a written summary of the rationale for the layoff. The effective date of layoff shall be the end of the individual's academic year. Layoffs are subject to the grievance procedure.
Subd. 4. Retraining. The Faculty Senate may consider and recommend retraining for a non-probationary faculty member who has received written notice of layoff. It is recognized that the Employer retains the ultimate decision-making authority on whether to provide retraining to the non-probationary faculty-member.
Subd. 5. Temporary Part-time. No layoffs shall be made if the College continues to employ temporary part-time faculty members who are performing bargaining unit work in the faculty member's areas of assignment or licensure.
Subd. 6. Recall and/or Reinstatement to Original Position. If a faculty member is on layoff or has claimed a position or accepted a position within the technical and consolidated colleges and the faculty member's original position is reinstated at .5 FTE or greater within five (5) years of the effective date of layoff, the faculty member shall have the first right to reclaim such position.
Subd. 7. Consultation. The Employer shall provide, upon request, consultation on retraining and transfer for faculty members who have received layoff notices.
(a.) Vacancies. Eligible faculty members shall have claiming rights to vacant positions in the Technical College system on the basis of system-wide seniority for up to five (5) years after the effective date of their layoff. Written notice of vacancies for which the faculty member has seniority shall be sent to the faculty member's last known address on file with the College provided that the faculty member has given the College written notice of his/her availability for reemployment prior to January 1 of each year he/she is on layoff. Failure of the vacancy notice to reach the faculty member shall not be the responsibility of the Employer. The faculty member shall have ten (10) days from the date of postmark of such notice to assert a claiming right. Failure to reply within ten (10) days of the postmark date shall constitute a waiver on the part of the faculty member to that position only. Once a faculty member on layoff has claimed and been awarded a vacancy within the system, the claimed position may not be withdrawn. A faculty member on layoff may reject any offer with no penalty or loss of rights. If the faculty member claims a part-time position, the faculty member shall retain rights to a full-time position.
(b.) Claiming Full-time Vacancies. Current faculty members may claim vacant full-time positions within the technical and consolidated colleges for which they are qualified in the following order according to seniority (most senior first):
- non-probationary full-time faculty members on layoff
- non-probationary full-time faculty members who have been notified of layoff
(c.) Claiming Part-time Vacancies. Current faculty members may claim part-time vacancies within the technical and consolidated colleges for which they are qualified in the following order according to seniority (most senior first):
- non-probationary full-time faculty members on layoff
- non-probationary full-time faculty members who have been notified of layoff.
(Non-probationary part-time faculty may only exercise these rights at the College from which they were laid off)
- non-probationary part-time faculty members on layoff
- non-probationary part-time faculty members who have been notified of layoff
(d.) Interviewing for Positions held by Probationary Faculty. A non-probationary faculty member who has been notified of layoff shall have the right to interview for a position in the state occupied only by a probationary faculty member in the same licensure area. The Chancellor or designee shall notify by certified mail all faculty members notified of layoff of all probationary positions for which they are qualified. Copies shall also be sent to the UTCE State President. If the faculty member is denied the position after the interview, written rationale for the denial shall be provided to the faculty member by the College President or designee within ten (10) days. If the employee fails to request an interview within ten (10) days of the postmark of the notification, he/she waives the right to interview for a position whether at the College or state level and will be placed on layoff according to this Agreement. As long as the appropriate faculty notification and written rationale for the denial is provided, the decision is not subject to the grievance procedure.
(e.) Interviewing for Temporary Full-time Vacancies. A non-probationary full-time faculty member who has been notified of layoff or is on layoff shall have a right to interview for a temporary full-time vacancy.
Section 5. Effect. This Article shall govern all faculty members in the bargaining unit, including faculty members on unrequested leave of absence pursuant to M.S. 125.12, Subd. 6a. or 6b., or M.S. 125.17, or approved leaves of absences. Faculty members on unrequested leave as of the date this collective bargaining agreement is ratified shall have reinstatement rights according to the terms of this Article for five (5) years from the date of initial layoff.
Section 6. Faculty Mobility.
Subd. 1. Vacant Positions.
(a.) Notification. The College President or designee shall simultaneously distribute both full-time and part-time vacancy notices to all campus/sites for posting on the official bulletin board prior to any external advertisements or postings. Copies shall also be sent to the UTCE State President. No position shall be filled until at least ten (10) days have elapsed after notification posting.
(b.) Interviewing for Vacancies. Faculty members wishing to interview for a vacant position must notify the College President or designee where the vacancy exists of their intent to do so in accordance with the time lines specified on the vacancy notice. In order to interview for a position, faculty members must hold a current license or be qualified for the vacancy.
A current non-probationary faculty member shall have the right to interview for vacant positions within the Minnesota Technical Colleges for which they are qualified. If the faculty member is denied the position after the interview, written rationale for the denial shall be provided to the faculty member by the College President or designee within ten (10) days. Official notification to faculty who are not successful applicants shall be sent prior to the official announcement of the name of the successful applicant. As long as appropriate faculty notification and written rationale for the denial is provided, the decision is not subject to the grievance procedure.
Subd. 2. Interviewing for Additional Work. After the requirements of Article 14 (Workload) of this Agreement have been met, non-probationary part-time faculty members shall have the right to interview for "new" workload up to a full-time load within their area(s) of assignment or licensure. If the faculty member is denied the position after the interview, written rationale for the denial shall be provided to the faculty member by the College President or designee within ten (10) days. Official notification to faculty who are not successful applicants shall be sent prior to the official announcement of the name of the successful applicant. As long as written rationale for the denial is provided, the decision is not subject to the grievance procedure.
Subd. 3. Exchange Status. An exchange status of up to two (2) years may be granted to a faculty member upon application by the faculty member and approval by College Presidents, for the purpose of participating in an exchange program. This status may be granted to a faculty member(s) who have arranged to exchange positions within the Minnesota Technical Colleges and to a faculty member who has arranged to exchange positions with faculty member(s) in a system other than the Technical and consolidated colleges.
(a.) The Employer shall continue its exchange faculty member under the system's salary schedule, and all rights and privileges of that faculty member shall continue in effect during the exchange period.
(b.) Faculty members who exchange positions within the technical colleges shall be carried on the payroll of the original campus, and the allocation of funds to support the positions shall be made to the original campus.
Subd. 4. Faculty Transfer to Temporary Positions or Special Assignments. For the purposes of this subdivision, a temporary position or special assignment shall be a college appointment that has a specific starting and ending date and terminates at the end of the stated period. Non-probationary faculty members shall have the right to interview for temporary positions or special assignments. If the faculty member is denied the position after the interview, written rationale for the denial shall be provided to the faculty member by the College President or designee within ten (10) working days. Official notification to faculty who are not successful applicants shall be sent prior to the official announcement of the name of the successful applicant. As long as written rationale for the denial is provided, the decision is not subject to the grievance procedure. Upon completion of the temporary position, the faculty member shall return to her/his previous position. The faculty member shall retain and accrue seniority at the college/campus/site from which the temporary transfer took place. Other outside candidates will only be considered for the posted vacancy if the position remains unfilled after all provisions of this Agreement have been met and satisfied.
Subd. 5. Transfer. Transfer shall be only by mutual consent of the Employer, faculty member, and UTCE.
Subd. 6. Return from Non-Bargaining Unit Positions. Employees who have accepted positions in MnSCU but outside of the UTCE bargaining unit shall have the right, for a period of five (5) years, to an interview for vacant positions. If employees return, they shall have their seniority, rights, and benefits restored to the level earned at the time they left the unit.
Subd. 7. Summer School Work Assignments. The most senior faculty member who is qualified for the work assignment and has taught the course content(s) within the previous three fiscal years shall have the first choice for summer work in the department in which they are teaching. If the most senior member refuses the work assignment, the offer of summer work progresses to the next most senior faculty member. Progression continues until the least senior person refuses the summer work assignment.