Minnesota State Colleges and Universities
Community College Faculty Layoffs (MCCFA)
#STG0005
Purpose: To establish guidelines for Community College administrators faced with circumstances which suggest that unlimited faculty layoff may be necessary.
Affected Campuses: All MnSCU Community College Campuses.
Authoritative References: The employment contract between the Minnesota State Colleges and Universities Board of Trustees and the Minnesota Community College Faculty Association, Article 19, Section 2, Layoffs.
Required Form(s): Layoff letter and appropriate continuation of coverage insurance forms.
Responsibility for Implementation: It is the responsibility of the college president, in concert with the human resources director, to assure that the requirements of the bargaining agreement are met.
Introduction: Where applicable, the following considerations should be undertaken in the order listed. While the information provided below includes references to other types of faculty appointments, these guidelines are only necessary when the possibility of lay-off of unlimited full-or part-time faculty exists. The contract does not require this process for the separation of faculty with other types of appointments.
A. Prior to layoff consideration:
1. Carefully review the budget, program and enrollment data which suggests a reduction in services to ascertain that they will, in fact, necessitate a cut-back in services.
2. Review supply and expense expenditures and personnel expenditures which exceed employee base salaries for potential reduction and program implications. These could include overload, extended appointments, release time, travel and other items not contractually required. Document areas to be reduced and develop a written statement of reasons why these activities should be reduced. Share this information with the Faculty Association as soon as is reasonably possible.
3. If reductions in areas identified in #2 above are not sufficient to meet anticipated changes in funding or enrollment, consider reductions in staffing as follows in the order described below:
a. Attrition
b. Freezing vacancies/selective filling of vacancies
c. Retraining for purposes of reassignment to another area
d. Intra system transfers
e. Other assignments within the college
f. Phased retirements
g. Early separations
h. Layoff including retraining. (Layoff can be based only on system or college budget reductions, budget deallocations, expenditure freezes, or unfunded increases in operating costs, resulting from action by either the Legislature, the Governor, or the Minnesota State Colleges and Universities Board of Trustees, or program changes, or enrollment shifts, or legislative mandate.)
B. If it is determined that layoff is necessary:
1. Ensure that the Meet and Confer obligation is met in advance of the layoff notice date. The President should arrange a Meet and Confer with the Faculty Association as soon as it is clear that layoff must be considered. A second Meet and Confer session should be held to convey those decisions made after consideration of faculty crews presented in M/C.
2. To establish the basis for layoff, presidents should have staff assemble written documentation which may include budget memos from the Legislature, Department of Finance, Governor; bills and appropriation riders; budget documents and memos from the Chancellor's Office or from the Board; Executive Orders; Board resolutions; reports by HESO, the Legislative Auditor or other legislatively established agencies on program duplication; analyses of program changes showing diminished need for course offerings or staffing; prior, current and projected student enrollment figures showing enrolling shifts by program, department, college or university; or written evidence of legislative mandate. This information should be used in the Meet and Confer, and provided to the Faculty Association in advance of the Meet and Confer.
3. At the initial Meet and Confer sessions, the President should;
a. Give the reason(s) for considering layoff. The reasons should be given in writing, and be only those reasons listed in (3)(h) above.
b. Provide information of anticipated attrition, meaning a projection based on the college's analysis of how many employees, in all bargaining units and plans, will leave, thus freeing up resources.
c. Provide statistics and financial data to support the need for layoff. The data should be enough to fairly and accurately portray the economics and/or programmatic environment at the system and/or college level necessitating the layoff. Data such as the following should be provided as applicable to the specific circumstances:
i. Total budget reductions required.
ii. Non-personnel expenditures which have been reduced and the amounts by which they were reduced.
iii. Enrollment information if pertinent to the situation.
iv. Staff, other than faculty, reductions.
v. The following information of faculty positions, broken down by department, program, center or area:
(a) List of all positions by category (UFT, TFT, UPT, TPT)
(b) List of positions considered vacant and identify how long vacant as well as additional vacancies proposed to be frozen.
(c) List of retirements during the past two (2) years, and salary amounts.
(d) List of which retirements will not be replaced.
(e) List of which retirements will be replaced during the next two (2) years [see (1) above] and anticipated salary amount.
(f) List of vacant positions that will be replaced during the next two (2) years.
(g) Summary of part-time (unlimited and temporary) appointments where during the past (2) years in the departments where layoffs are proposed, and a projection of part-time course offerings in the same departments for the next two (2) years.
(h) List of new positions which will be added during the next two (2) years. Include the category [see (a) above] and anticipated salary amount.
(i) Documented rationale for hiring in other areas when layoff is being considered.
4. After taking into consideration input received through Meet and Confer, the President should consider the possibilities of attrition, phased retirements, early separation, freezing vacancies, other assignments with the college, intra-system transfers or retraining meeting the necessary reductions. If such actions cannot satisfy the necessary reductions, the President should so notify the Faculty Association in writing of that determination and the reasons.
5. Upon conclusion of Meet and Confer, it is recommended that the President consult with the Chancellor or designee regarding anticipated retrenchment and alternatives considered. The President should meet with the Chancellor, provide written notice of the data and reasons given to the Faculty Association and discuss the information gained in the Meet and Confer process.
6. If the President decides to proceed with layoffs, the President or designee should convene a second Meet and Confer with the Faculty Association at which time the President indicates in writing the particular department(s) or program(s) in which layoffs will occur. The President should identify the individuals who are to be laid off. No notice of layoff should be sent before the Meet and Confer obligation has been met.
7. In order to lay off unlimited full-time faculty, the following order for layoff faculty in departments or programs must be implemented:
A. Temporary part-time hiring in the department/program will be discontinued, (unless programmatic considerations require offering part-time work less than amount equivalent to a full load for the number of faculty who will be laid off)*;
* The contract does not contain a requirement to make staffing decisions in such a manner that credits are aggregated or accumulated so as to artificially create workload for UFT or UPT faculty if such is programmatically not feasible or fiscally not possible.
B. Probationary;
C. Unlimited part-time faculty, based on inverse seniority within the assigned field/designated assignment;
D. Unlimited full-time faculty, based on inverse seniority within the assigned field.
8. If identified layoffs would result in discontinuance of an academic program, such action should be taken to local Meet and Confer for appropriate discussion. However, program discontinuance is not a formal part of the Article 19 process noted in the Agreement. Local curriculum procedures, student needs, System Guidelines for Program Discontinuance (refer to State Board Policy 3.13 Academic Program Closure) and other applicable processes and/or regulations should be taken into consideration at this time.
9. After completion of 1-7 above, the President must give notice of layoff:
A. TPT/TFT: Formal notice is not required since the appointment specifies the employment end date.
B. Probationary: Formal notice is required, but with no date certain required to comply with Art. 19, Sec. 2, Subd. 1, however, probationary appointments should terminate prior to the effective date of any layoff of an unlimited faculty member.
C. UPT: By the 30th calendar day of any quarter, effective at the end of the subsequent 2 quarters.
D. UFT: By the 20th class day of Fall Quarter, effective on the last day of the next spring quarter.
10. The President should notify the Vice Chancellor of Personnel of unlimited faculty members laid off at the time of notice of layoff, with a copy to the faculty member and the Faculty Association. The Vice Chancellor for Personnel will process such notices in compliance with the Minnesota State Colleges and Universities System Process for Maintaining Faculty Layoff List.
C. Retraining of UFT on Notice of Layoff (Note: these provisions apply to unlimited full-time faculty only).
1. UFT faculty who have received a notice of layoff shall receive the equivalent of 2 quarters or 30 credits of reassigned time for retraining.
a. UFT faculty on reassigned time for retraining remain in employee status and at full pay.
b. Participation in retraining is authorized after the college president approves the faculty member's retraining plan.
c. Since UFT faculty on notice of layoff who are retraining remain available for assignment to the percentage their enrolled credits are fewer than 9 credits (x/9:15), faculty whose retraining includes coursework shall consult with the administration before scheduling such activities to avoid or resolve conflicts with course scheduling and assignments at the college.
d. Faculty on retraining reassignment during the summer are entitled to employment up to 9 credits (paid pro rata) if this is needed to reach the 30 credit limit. This compensation is overload pay, but is not subject to the 20% limit in Art. 11, Sec. 10.
e. Faculty on retraining plans which include credit course work must provide the administration with a fee statement as proof of enrollment.
2. During the notice period through the three-year claiming period, UFT faculty are eligible for 36 graduate credits of full tuition support at any MnSCU institution.
a. The cost of graduate credits is the responsibility of the college which issues the layoff notice. The cost of any undergraduate credits is the responsibility of the faculty member.
b. Eligibility for this benefit ceases at the beginning of the quarter in which the faculty member begins work in a claimed or reserved UFT position.
c. Faculty must submit a fee statement to obtain this benefit.
D. Claiming and Reserving Work
1. Faculty wishing to claim or reserve a vacant position must notify the Vice Chancellor of Personnel of their intent to do so in writing within 30 days of the posting in the MnSCU Employment Opportunities newsletter.
2. Claiming Period
a. 3 years for UFT
b. 2 years for UPT
c. The request to claim begins at the time the faculty member is notified of layoff; thus, the claiming period covers the notice period plus the 2 or 3 year period, as described above.
3. Order of claiming - See Article 19, Sec. 2, Subd. 13 for order of claiming full- or part-time work.
a. Faculty who exercise their claiming rights via reservation (see D(3), below) do not have first priority to available full-time work.
b. If more than one faculty member claims a vacancy and both have the same status for purposes of order of claiming, the most senior receives the assignment.
4. Faculty must hold the requisite assigned field or meet minimum qualifications for the assigned field in order to claim a vacancy (except for (5) below).
5. Laying off UFT or UPT faculty does not restrict the administration's ability to offer part-time work during the claiming period, so long as faculty with claiming rights are offered the work and given the first right of refusal.
6. Reservation System (UFT only)
a. During the layoff notice period and the three-year claiming period, faculty who wish to claim a position for which they do not possess the requisite assigned field or meet the minimum qualifications may reserve a vacant position by entering into a retraining plan which enables the faculty member to obtain the requisite minimum qualifications for the assigned field of the vacant position.
b. A retraining plan to secure a reserved position must be approved jointly by the president of the college with the posted vacancy and the Vice Chancellor of Personnel or designee (ensure that the faculty member's plan will in fact allow the individual to meet minimum qualifications).
1) Reservation plans must be completed within one year. The reservation is void if this requirement is not met.
2) Multiple reservations are to be resolved on the basis of seniority by the Vice Chancellor of Personnel or designee.
c. The administration may fill a vacant position which is the subject of a reservation on a temporary basis until the beginning of the quarter immediately following completion of their retraining plan.
7. Faculty who claim full-time vacancies will be paid on the basis of the salary schedule. Faculty claiming part-time work will be paid on the basis of credits taught in accordance with Art. 11, Section 7.
