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MnSCU-IFO Master Agreement 1999-2001
ARTICLE 29
Seniority
Section A. Definitions.
Subd. 1. Seniority.
Seniority shall be defined as full-time equivalent years of continuous
service at the university in which the faculty member has served. This
definition shall not reduce seniority accrued as of the effective date
of this Agreement to members of the bargaining unit.
Subd. 2. Full-Time Equivalent Year.
A full-time equivalent year in a quarter based system shall consist
of three (3) quarters of continuous service for a full-time faculty
member while one (1) quarter and two (2) quarters of continuous service
in an academic year shall result in one-third (.33) and two-thirds (.66)
of a full-time equivalent year respectively. A full-time equivalent
year in a semester based system shall consist of two (2) semesters of
continuous service for a full-time faculty member, while one (1) semester
of service in an academic year shall result in one half (.5) of a full-time
equivalent year. Faculty with less than a full-time appointment for
any quarter or semester, as applicable, shall receive the appropriate
fraction. No additional full-time equivalent years shall be accrued
for any assignment beyond the regular academic year.
Subd. 3. Continuous Service.
Continuous service shall commence on the first duty day an individual
begins employment service with a State university and shall be interrupted
only by separation because of resignation, non-renewal or dismissal
for just cause. A leave of absence pursuant to Article
17 or 18 shall not interrupt continuous service
except where expressly limited in Article 18.
Section B. Application.
Subd. 1.
For purposes of layoff (see Article 23), "seniority"
may be exercised only in the department or program in which the faculty
member is serving at the time of retrenchment or in any department or
program in which the faculty member has served at least three (3) full
academic years.
In the event a faculty member is laid off and meets the three (3)
years of service requirement provided herein in more than one department
or program, in the university in which he/she is serving, he/she shall
be entitled to be assigned to such department or program as determined
by the President. If two (2) or more faculty members have equal seniority,
then those with greater length of tenured service, shall have priority
for retention. Should faculty members still equal in seniority, then
those with greater length of total service in the university shall have
priority in retention.
Beyond this the decision of which person to retain will be made on
the basis of programmatic needs of the university as determined by the
President.
Faculty members returning from non-bargaining unit positions to the
bargaining unit shall have their seniority restored to a level earned
at the time they left the appropriate unit. Such seniority shall include
employment service rendered prior to March 9, 1976, if such employment
service qualified as seniority pursuant to the Minnesota State University
Board Rules and Regulations which were in effect March 9, 1976.
Subd. 2.
In the event a faculty member is reassigned or permanently transferred
to another university, he/she shall carry all accumulated rights and
benefits to his/her new university with the exception that there shall
be no carryover of seniority for the purpose of calculation of layoff
priority (see Article 23).
However, the seniority accumulated by a faculty member at a given university
shall be maintained at that university as long as the faculty member
is either employed within the System, or takes leave pursuant to Articles
17 and 18, or possesses recall/reassignment
rights pursuant to Article 23.
Section C. Seniority Roster.
A seniority roster shall be posted and sent to the Association by the
President/designee on or before November 1 and March 1 of each year. The
roster shall be published in a uniform, systemwide format and shall provide
the following information:
- Names of tenured faculty member(s),
- Names of other faculty members, by type of appointment (probationary,
fixed-term, non-tenure track),
- Full or part-time (if part-time, percentage),
- Date of initial employment,
- Date of tenure (if applicable),
- Years of seniority (if applicable).
In addition to seniority in the current assignment, the roster shall
indicate other departments or programs in which the faculty member is
credited with three (3) full academic years of continuous service. Disputes
concerning the accuracy of the information must be filed with the President's
designee within twenty (20) calendar days of publication of the roster.
Time limits shall not apply to the correction of clerical errors. Should
there be no satisfactory resolution within twenty (20) calendar days of
the alleged inaccuracy, the faculty member shall have the right to file
a grievance in accordance with the provisions of Article
28.
Section D. Priorities.
For the purpose of clarifying and resolving conflicting claiming rights
to vacant positions within the Minnesota State University System, the
following is a list of claiming right categories in decreasing order of
priority:
Priority 1
Retrenchment based assignment to retain a faculty member within a university
pursuant to Article 29, Section B., Subd. 1.
Priority 2
Recall rights, using the procedures established in Article
23, Section G.
Priority 3
Reassignment rights, using the procedures established in Article
23, Sections D & E.
Priority 4
Prior consideration to eligible fixed-term or non-tenure track faculty
members for a probationary vacancy as established in Article
21, Section E., Subd. 4.b.
Priority 5
Prior consideration to eligible head coaches in accordance with Article
10, Section G., Subd. 6.b.
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