Subd. 1. Calculation Of Temporary Service.

When temporary faculty members become probationary or unlimited full-time or unlimited part-time faculty members, their seniority shall be calculated by including their service prior to the change in status in the following manner:

1. For faculty members who have been employed continuously (at least one (1) semester per academic year), their seniority shall include their total accumulated temporary service on a pro rata (FTE) basis at the college.
2. B. For faculty members who have not been employed continuously, their seniority shall include their total accumulated service after July 1, 1974, on a pro rata (FTE) basis at the college.

Subd. 2. Unlimited Part-Time Seniority Roster.

All faculty members granted unlimited part-time status after July 1, 1987, shall have their seniority status maintained on a separate roster from unlimited full-time faculty.

Subd. 3. Posting and Recalculation.

The seniority roster shall be posted by November 1 of each academic year. Faculty members may request seniority recalculations within thirty (30) calendar days after distribution of the seniority roster.

Subd. 4. Tie Breakers.

For purposes of seniority, all Minnesota community colleges shall be considered to have the same starting date for comparable semesters. A tie may occur whenever two (2) or more faculty members are hired at the same time in the same assigned field(s). When faculty members return from an unpaid leave of absence that does not merit the accrual of seniority, or when faculty members are hired with previous temporary service, seniority is altered. This may break a tie or create a tie. Where two (2) or more faculty members have the same seniority, their relative position shall be determined by using the following criteria in the order listed:

1. The faculty member with the greater total employment in the Minnesota community colleges, including temporary employment, shall have the greater seniority.
2. The faculty member with the higher number of graduate credits in the assigned field shall have the greater seniority.
3. If after consideration of 1. and 2. a tie still exists, the tie shall be broken by lot.

In relation to seniority in an assigned field at one (1) campus, ties in seniority shall be broken at the time of employment. In relation to two (2) or more faculty members claiming a vacant position, ties in seniority shall be broken at the time of claiming.

Seniority shall be broken by resignation, retirement, failure to return from an authorized leave of absence, or failure to return from a layoff. An unlimited full-time or unlimited part-time faculty member who is placed in a temporary part-time status shall not be considered to have had a break in service during the period of temporary part-time status.

Subd. 5. Seniority in New Assigned Fields and Colleges.

If subsequent to a faculty member's start of unlimited service in the faculty member's initial assigned field, another assigned field is/was approved for such faculty member, the seniority in this assigned field shall start at the beginning of the semester when such assigned field was approved.

Once an assigned field is approved and established for a faculty member, the faculty member continues to accumulate seniority in that field for as long as the faculty member remains as an unlimited faculty member in the system, except when a faculty member accepts or transfers to a position at another college. A faculty member on layoff who claims a vacancy at another college in a new assigned field shall retain system seniority in original assigned field(s). S/he shall begin accruing seniority in the new assigned field starting from the beginning of the semester in which s/he claims. A faculty member on layoff who claims a vacancy at another college in an assigned field that the faculty member already holds shall retain system seniority and shall establish college seniority at the new college equal to the seniority held at the previous college.

A faculty member who has not been notified of layoff but who accepts a position in another college shall retain system wide seniority for purposes of claiming positions in the future, salary schedule placement, and sabbaticals. Such faculty member's seniority at the new college shall be limited to the length of service in the faculty member's assigned field(s) at the new college.

If a faculty member has more than one (1) assigned field, and original assigned field is deleted from the MNSCU board policy by the MNSCU Board of Trustees, then the faculty member will be granted seniority in the second assigned field retroactive to original seniority date.

Subd. 1. Order.

Layoffs shall be based on inverse seniority within the assigned field/designated assignment and a faculty member shall not be laid off if a less senior faculty member in the college holds a position for which the first faculty member has greater seniority.

Probationary faculty members in the assigned field shall be terminated before any unlimited faculty member is laid off.

Unlimited part-time faculty shall be laid off based on inverse seniority within the "assigned field/designated assignment" prior to any unlimited full-time faculty member.

Subd. 2. Reasons.

The administration shall provide both the Association and the faculty member affected a written summary of the circumstances giving cause to the layoff and of the alternatives to layoff which have been considered. If layoffs are to occur, the administration shall meet and confer with the Association to discuss the layoffs. Such meet and confer shall be scheduled prior to the forty-fifth (45th) class day of fall semester.

Subd. 3. Layoff Notice Timelines.

If a layoff is contemplated by the administration, the faculty member on the unlimited full-time seniority roster who is to be laid off shall be notified of the impending layoff no later than the thirty-first (31^st) class day of fall semester to be effective on the last day of the next spring semester. Unlimited part-time faculty members shall be notified in writing of impending layoff by the thirty-first (31^st) class day of fall semester of an impending layoff to be effective at the end of the spring semester, and no later than the thirty-first (31^st) class day of the spring semester of an impending layoff to be effective at the end of the following fall semester. The layoff is subject to the meet and confer language contained in Article 6.

Subd. 4. Retraining.

Any unlimited full-time faculty member who is notified of intent to layoff by the Employer shall be granted the equivalent of twenty-one (21) semester credits for full paid reassignment time for the purpose of retraining to be completed during spring semester, the summer following notice of layoff, or any combination thereof as scheduled by the faculty member and approved by the Employer. The faculty member shall submit a retraining plan to the administration no later than December 1. The initial retraining plan will need to identify only the area of retraining, the number of reassigned credits needed, the timing of the reassigned time, and the number of graduate credits that will be taken.. Prior to scheduling retraining activities, the faculty member shall consult with the administration to resolve any scheduling conflicts. If the plan includes credit course work the faculty member shall provide the administration with a copy of the fee statement. During the quarters of reassignment for retraining the faculty member is subject to assignment at the college to the percentage that the enrolled credits are fewer than nine (9) credits.

The faculty member on summer reassignment for retraining shall be compensated for no more than six (6) semester credits at the pro rata salary schedule for summer session assignments pursuant to Article 11, Section 6. This compensation is overload pay and may cause the faculty member to exceed the thirty percent (30%) limitation contained in Article 11, Section 11 of this contract.

During the layoff notification period, as well as through the three (3) year claiming period, a laid off unlimited full-time faculty member shall be provided with twenty-four (24) graduate semester credits of full tuition support at any MnSCU institution (faculty member only). Regardless of the number of credits of tuition support utilized, the tuition support shall end at the beginning of the semester in which the faculty member begins work in a claimed unlimited full-time position.

Subd. 5. Equalization of Budget Cuts.

In the case of a substantial reduction in funds available to the Board for community colleges, every effort shall be made to equalize the effect of the reduction on all staff at the community colleges.

Subd. 6. Temporary Part-Time.

No layoffs shall be made if the college continues to employ part-time faculty members who are providing bargaining unit work in the faculty member's assigned field(s).

Subd. 7. Claiming Period.

For a period of three (3) years a laid off unlimited full-time faculty member may claim any bargaining unit vacancy in any of the Minnesota community colleges for which s/he meets the minimum qualifications for the assigned field of the vacancy. For a period of two (2) years a laid off unlimited part-time faculty member may claim any part-time assignment at the college from which s/he is laid off and for which s/he meets the minimum qualifications for the assigned field of the vacancy. If more than one (1) laid off faculty member claims a particular vacancy, the most senior shall receive the job.

Subd. 8. Notice of Vacancies.

The chancellor's designee shall notify all unlimited full-time faculty members of all full-time vacancies within the system as soon as positions are open. The laid off faculty member who wishes to claim a vacancy must so notify the chancellor's designee within the posting period. Once a faculty member on layoff has claimed and been awarded a vacancy within the system, the claimed position may not be withdrawn.

Subd. 9. Part-time Claiming: Notification to College Human Resource Designees.

No later than the effective date of layoff, the laid off unlimited full-time faculty member shall file with the human resources designee(s) at all colleges where he/she would accept part-time work in the assigned field(s) from which he/she has been laid off a statement defining the minimum percentage part-time position(s), within that college, s/he would accept. This statement shall remain in effect until such time as the faculty member submits documentation to the college human resources designee(s) at each college where he/she would accept part-time work, that the MnSCU System Office has confirmed minimum qualifications for additional assigned field(s), and/or that a change in the minimum percentage is requested.

Subsequent to the effective date of layoff, the faculty member shall submit documentation required to meet minimum qualifications for claiming an additional assigned field(s), along with a letter identifying this as a request for approval of minimum qualifications for part-time claiming. The MnSCU System Office shall have twenty (20) calendar days after the receipt of the final documentation to complete the evaluation for minimum qualifications. Upon receipt of the written confirmation from the MnSCU System Office that the minimum qualifications have been met, the faculty member shall submit a revised statement to the respective college human resources designee(s) at each college where part-time work would be accepted. Such revised statements will not be considered for the next term unless received by the college human resources designee at least ten (10) calendar days prior to the first day of that term. This ten (10) calendar day requirement may be waived at the sole discretion of the MnSCU System Office.

Those laid off faculty members who have filed such statements shall be notified of all acceptable part-time vacancies for which they are qualified (either by holding the assigned field(s) or by receiving System Office confirmation of having met minimum qualifications for additional assigned fields). The faculty member may reject any part-time offer with no penalty. If the faculty member claims the part-time position, the faculty member shall not forfeit any unlimited faculty member rights, shall be considered to be on the layoff list, and shall be entitled to all rights of laid off faculty members.

The faculty member shall have until ten (10) calendar days before classes begin to accept offers for part-time work in areas of claiming rights. The college human resource directors shall make every reasonable effort to make such offers in writing as soon as possible. The faculty member who accepts part-time work at one college will continue to have the right to accept offers from other colleges up until ten (10) calendar days before the classes begin. If a new section or a new course is added to the schedule within the ten (10) calendar days, then the faculty member on layoff must be contacted with the offer. The faculty member shall have the right to accept the offer, if possible, along with the other offers already accepted, but may not accept a new offer and cancel out of the previously accepted work.

Subd. 10. Reinstatement of Position.

If a faculty member has claimed a position within the community college system as provided for in this section, and the faculty member's original position is reinstated, said faculty member shall have the first right to reclaim such position.

Subd. 11. Consultation.

The Minnesota State Colleges and Universities shall provide, upon request, consultation on retraining and transfer for faculty members who have received layoff notices.

Subd. 12. Multiple Assigned Fields.

A faculty member who has more than one (1) assigned field may be by-passed for the purpose of layoff, when s/he has adequate seniority in another assigned field(s) and sufficient work load is available in such field(s) to retain full-time employment. When this occurs, the faculty member may not be assigned to teach in the assigned field where the layoff occurred until such time that the laid off faculty member has claimed another full-time unlimited position, had layoff rescinded, resigned, or had three (3) year claiming rights expire, whichever comes first. When the more senior faculty member has provided notification of intent to claim part-time vacancies pursuant to Subd. 9. above, s/he shall be offered all available assignments for which s/he is qualified prior to the assignment of the less senior faculty member who was by-passed. If the more senior laid off faculty member rejects an offer to claim such assignments, the by-passed faculty member may be reassigned in that field(s). The by-passed faculty member shall not be eligible for re-training as provided in Subd. 4. above. In the event it is later determined by the administration that a layoff is needed in the by-passed faculty member's other assigned fields(s) and that faculty member is given the layoff notice, any grievance appeal of such layoff shall be limited to the current circumstances in that assigned field.

Subd. 13. Claiming Vacant Positions.

Faculty members wishing to claim or reserve a vacant position must notify the chancellor or designee of their intent to do so in writing within thirty (30) days of the posting. In order to claim vacant positions, faculty members must either hold the assigned field of the vacancy or meet the minimum qualifications for the assigned field (see Appendix C) of the vacancy or enter into an agreement with the Employer on an approved retraining plan. This plan must be designed to meet minimum qualifications for a posted vacancy. For the purpose of this section, minimum qualification are those contained in the policy for assigned fields and minimum qualifications on July 1, 1995. Reservations may be made at any time during the notice period or during the three (3) year claiming period.

Faculty members are limited to reserving a single position. If there are multiple reservations made for a single position, the faculty member with the greatest community college system seniority shall be awarded the reservation. A faculty member whose reservation is nullified by a more senior claimant retains the right to reserve a different position. The reservation is null and void if the retraining plan is not successfully completed within one (1) year.

Faculty members may not claim activity assignments. At the discretion of the administration, faculty members can be reassigned or laid off from activity assignments without cancellation of the assignment. A student activity assignment shall not be considered an assigned field/designated assignment.

1. Notification. The chancellor or designee shall distribute vacancy notices to the colleges for posting on the official bulletin board simultaneous with any external advertisements or postings. Copies shall also be sent to local faculty association chapter presidents and association president or designee. No unlimited full-time position shall be filled until at least fourteen (14) calendar days have elapsed after posting at the college, unless the chancellor and the association president have mutually agreed to an exception.
2. Claiming Full-time Vacancies. Current faculty members may claim vacant unlimited full-time or temporary full-time positions for which they are qualified in the following order:
   1. Unlimited full-time faculty members who have been notified of layoff and hold the assigned field or meet minimum qualifications.
   2. Unlimited full-time faculty members in the order of seniority who are employed in an assigned field at a college in which a faculty member is on notice of layoff.
   3. Unlimited full-time faculty members who have been notified of layoff or are laid off and within the claiming period indicated in Subd. 7. and who reserve the position by declaring such and by preparing an approved/amended retraining plan to meet minimum qualifications for the position. The plan must be approved by the president or designee of the college offering the vacancy. Under this provision, then, faculty may reserve a position while they retrain to obtain minimum qualifications. The Employer may fill the vacancy on a temporary basis until the beginning of the semester immediately following the completion of the retraining plan.
3. Claiming Part-time Work. Current faculty members who are on layoff may claim part- time assignments for which they are qualified in the following order:
   1. Unlimited full-time faculty members who have been notified of layoff.
   2. Unlimited full-time faculty members in the order of seniority who are employed in an assigned field at a college in which a faculty member is on notice of layoff.
   3. Unlimited part-time faculty members who have received notice of layoff may claim vacant part-time assignments for which they meet minimum qualifications, at the college from which they are laid off, in seniority order.

Subd. 1. Applying for Vacant Position.

An unlimited full-time or unlimited part-time faculty member who has not received a layoff notice and does not qualify to claim a vacancy under Section 2., Subd. 7. and who is an applicant to fill an unlimited full-time vacancy shall be invited for an interview and shall be considered for filling the vacancy, if s/he meets the minimum qualifications for the assigned field of the vacancy. Unlimited faculty who apply for vacant positions shall do so by letter to the chancellor's designee and college human resources designee within the posting period. The chancellor's designee shall notify the college where the vacancy is posted of those unlimited faculty who must be provided with an interview. Notification to faculty who are not successful applicants shall be sent prior to the announcement of the name of the successful applicant.

Subd. 2. Exchange Status.

An exchange status of up to two (2) years shall 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 faculty members who have arranged to exchange positions within the Minnesota community colleges and to a faculty member who has arranged to exchange positions with a faculty member in a system other than the Minnesota community colleges.

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.

Faculty members who exchange positions between community colleges shall be carried on the payroll of the original college, and the allocation of funds to support the positions shall be made to the original college.

Subd. 3 Faculty Transfer.

When the administration decides to post a temporary full-time position, an unlimited full-time faculty member may apply for a temporary transfer to such position. Unlimited full-time faculty members who desire to transfer to a posted temporary full-time vacancy shall do so in writing to the chancellor's designee with a copy to the human resources designee at the college of the posted vacancy, within the timelines of the posting. The faculty member must hold the assigned field of the posted vacancy with a masters degree in the assigned field of the vacancy and have been employed by the community colleges for at least four (4) years. Thereafter, the faculty member must have continuously served the equivalent of six (6) or more academic years in the community colleges without having exercised this option, before applying for another temporary transfer.

All eligible unlimited full-time faculty members who apply for such a temporary transfer shall be considered for the vacancy. The eligible faculty member with the greatest system seniority shall be granted the temporary transfer unless the administration can provide specific valid reasons to prevent the transfer. Other candidates will only be considered for the posted vacancy if no eligible, unlimited full-time candidate applies. Upon termination of the temporary position, the faculty member shall be returned to previous position. The faculty member shall retain and accrue seniority at the college from which the temporary transfer took place.