FHSU-AAUP Article XVII: Reduction in Force

1. Management decisions related to number and rank of positions which will be eliminated in a Reduction in Force are not subject to the grievance procedure, contained in Article XVII of this Memorandum of Agreement. Grievances related to the departmental reduction procedures or recall procedures contained in subsections 5, 6 and 7, below shall be subject to the grievance procedure contained in this agreement, but such grievances shall not delay the effective date of an individual faculty member’s termination.
2. In the event a reduction in force becomes necessary, for reasons of financial exigency, the University Administration will select programs to reduce or determine a number of positions to be reduced in each college. The University Administration will meet with the representatives of FHSU-AAUP to discuss the situation and the actions contemplated, if FHSU-AAUP is available to so meet in a timely manner. The reduction in force information will be provided to the Deans, who will consult with the Chairs of that College’s departments to develop a recommendation to the University President.
3. The University President will make the final reduction in force decision. The President’s decision with respect to which programs or positions will be eliminated by the reduction in force will be final and not subject to the grievance procedures of this agreement.
4. The University President, in consultation with Deans and Department Chairs, will specify the number of positions to be vacated within each program or department. This includes tenure track positions and part-time, temporary, or other non-tenure track positions. If some but not all of the positions in a program or department are designated to be vacated as part of a reduction in force, individual faculty members will be terminated in the order described below.
5. The Deans, in conjunction with the Department Chairs, will implement the following departmental reduction procedures. Voluntary attrition, including but not limited, to such variables as retirement, phased retirements, sabbaticals, various leaves, etc. will be considered, when possible, before any involuntary reduction is required. Contingent upon retention of specified academic credentials within the program or department, individual faculty members within each program or department with the lowest academic rank will be laid off first, with seniority within that rank used as a tie breaker.
6. Before notice of intent to terminate is given to a faculty member, reasonable efforts shall be made to place the faculty member in another suitable vacant faculty position to be filled within the University.
7. Those faculty members who are impacted under the terms of this policy will be notified prior to any search for replacements to fill vacancies in the departments from which they were reduced for a period of two (2) years after the reductions, so long as the faculty member’s current address is made available to the University Administration. It is the faculty member’s duty to maintain current contact information with the University. Those faculty members who meet qualifications and so desire will be re-appointed to that vacant position. Faculty members so notified under the terms of this article will have fifteen (15) business days, defined as Monday thru Friday, in which to indicate their interest in a position to the University following notification under this article.

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